Senate Study Bill 1083 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF TRANSPORTATION BILL) A BILL FOR An Act relating to matters under the purview of the department 1 of transportation, including provisions relating to the 2 regulation of motor vehicles and motor vehicle operations 3 and provisions relating to the coordination of public 4 transit funding programs, and making penalties applicable. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1191DP (8) 84 dea/nh

S.F. _____ H.F. _____ DIVISION I 1 MOTOR VEHICLE 2 Section 1. Section 307.27, subsection 8, Code 2011, is 3 amended to read as follows: 4 8. Administer the registration of interstate authority 5 of motor carriers pursuant to chapter 327B as provided in 6 49 U.S.C. § 14504 14504a and United States department of 7 transportation regulations. 8 Sec. 2. Section 321.1, subsection 15, Code 2011, is amended 9 to read as follows: 10 15. “Conviction” means a final conviction, including but not 11 limited to a plea of guilty or nolo contendere accepted by the 12 court; a final administrative ruling or determination , ; or an 13 unvacated forfeiture of bail or collateral deposited to secure 14 a person’s appearance in court. 15 Sec. 3. Section 321.174, subsection 2, Code 2011, is amended 16 to read as follows: 17 2. a. A person operating a commercial motor vehicle shall 18 not have more than one driver’s license. A nonresident may 19 operate a commercial motor vehicle in Iowa if the nonresident 20 has been issued a license by another state, a nonresident 21 commercial driver’s license, or a driver’s license issued by a 22 foreign jurisdiction which the federal highway administration 23 has determined to be issued in conformity with the federal 24 commercial driver testing and licensing standards, if the 25 license, commercial driver’s license, or driver’s license is 26 valid for the vehicle operated. 27 b. A person who operates a commercial motor vehicle upon the 28 highways of this state without having been issued a driver’s 29 license valid for the vehicle operated commits a simple 30 misdemeanor. 31 c. A person who operates a commercial motor vehicle upon the 32 highways of this state after the person’s commercial driver’s 33 license has been downgraded to a noncommercial status pursuant 34 to section 321.210E commits a simple misdemeanor. 35 -1- LSB 1191DP (8) 84 dea/nh 1/ 18

S.F. _____ H.F. _____ Sec. 4. Section 321.178, subsection 2, Code 2011, is amended 1 to read as follows: 2 2. Restricted license. 3 a. (1) A person between sixteen and eighteen years of age 4 who has completed an approved driver’s education course and is 5 not in attendance at school and has not met the requirements 6 described in section 299.2, subsection 1 , may be issued a 7 restricted license only for travel to and from work or to 8 transport dependents to and from temporary care facilities, 9 if necessary for the person to maintain the person’s present 10 employment. The restricted license shall be issued by the 11 department only upon confirmation of the person’s employment 12 and need for a restricted license to travel to and from work or 13 to transport dependents to and from temporary care facilities 14 if necessary to maintain the person’s employment. The employer 15 shall notify the department if the employment of the person is 16 terminated before the person attains the age of eighteen. 17 (2) (a) A person issued a restricted license under this 18 section shall not use an electronic communication device or an 19 electronic entertainment device while driving a motor vehicle 20 unless the motor vehicle is at a complete stop off the traveled 21 portion of the roadway. This subparagraph division does not 22 apply to the use of electronic equipment which is permanently 23 installed in the motor vehicle or to a portable device which is 24 operated through permanently installed equipment. A violation 25 of this subparagraph division shall not be considered a moving 26 violation except for purposes of section 321.193 . 27 (b) For the period beginning July 1, 2010, through June 28 30, 2011, peace officers shall issue only warning citations 29 for violations of subparagraph division (a). The department, 30 in cooperation with the department of public safety, shall 31 establish educational programs to foster compliance with the 32 requirements of subparagraph division (a). 33 b. The department may suspend a restricted driver’s license 34 issued under this section upon receiving satisfactory evidence 35 -2- LSB 1191DP (8) 84 dea/nh 2/ 18

S.F. _____ H.F. _____ that the licensee has violated the restrictions imposed under 1 paragraph “a”, subparagraph (2), subparagraph division (a). 2 The department may also suspend a restricted license issued 3 under this section upon receiving a record of the person’s 4 conviction for one violation and shall revoke the license upon 5 receiving a record of conviction for two or more violations 6 of a law of this state or a city ordinance regulating the 7 operation of motor vehicles on highways, other than parking 8 violations as defined in section 321.210 . After revoking a 9 license under this section the department shall not grant an 10 application for a new license or permit until the expiration 11 of one year or until the person attains the age of eighteen 12 whichever is the longer period. 13 c. A person who violates the restrictions imposed under 14 paragraph “a” , subparagraph (2), subparagraph division (a), 15 shall be issued a citation under this section and shall not be 16 issued a citation under section 321.193. A violation of the 17 restrictions imposed under paragraph “a” , subparagraph (2), 18 subparagraph division (a), shall not be considered a moving 19 violation. 20 Sec. 5. Section 321.180B, subsection 3, Code 2011, is 21 amended to read as follows: 22 3. Remedial driver improvement action —— suspension of 23 permit, intermediate license, or full license. 24 a. A person who has been issued an instruction permit, 25 an intermediate license, or a full driver’s license under 26 this section , upon conviction of a moving traffic violation 27 or involvement in a motor vehicle accident which occurred 28 during the term of the instruction permit or intermediate 29 license, shall be subject to remedial driver improvement action 30 or suspension of the permit or current license. A person 31 possessing an instruction permit who has been convicted of a 32 moving traffic violation or has been involved in an accident 33 shall not be issued an intermediate license until the person 34 has completed the remedial driver improvement action and 35 -3- LSB 1191DP (8) 84 dea/nh 3/ 18

S.F. _____ H.F. _____ has been accident and violation free continuously for the 1 six-month period immediately preceding the application for the 2 intermediate license. A person possessing an intermediate 3 license who has been convicted of a moving traffic violation 4 or has been involved in an accident shall not be issued a full 5 driver’s license until the person has completed the remedial 6 driver improvement action and has been accident and violation 7 free continuously for the twelve-month period immediately 8 preceding the application for a full driver’s license. 9 b. The department may suspend an instruction permit, 10 intermediate license, or full license issued under this section 11 upon receiving satisfactory evidence that the person issued 12 the instruction permit, intermediate license, or full license 13 violated the restrictions imposed under subsection 1, 2, or 14 6 during the term of the instruction permit or intermediate 15 license. 16 Sec. 6. Section 321.180B, subsection 6, paragraph a, Code 17 2011, is amended to read as follows: 18 a. A person issued an instruction permit or intermediate 19 driver’s license under this section shall not use an electronic 20 communication device or an electronic entertainment device 21 while driving a motor vehicle unless the motor vehicle is at a 22 complete stop off the traveled portion of the roadway. This 23 paragraph does not apply to the use of electronic equipment 24 which is permanently installed in the motor vehicle or to 25 a portable device which is operated through permanently 26 installed equipment. A violation of this paragraph shall not 27 be considered a moving violation except for purposes of section 28 321.193 . 29 Sec. 7. Section 321.180B, Code 2011, is amended by adding 30 the following new subsection: 31 NEW SUBSECTION . 6A. Citations for violation of 32 restrictions. A person who violates the restrictions imposed 33 under subsection 1, 2, or 6 shall be issued a citation 34 under this section and shall not be issued a citation under 35 -4- LSB 1191DP (8) 84 dea/nh 4/ 18

S.F. _____ H.F. _____ section 321.193. A violation of the restrictions imposed 1 under subsection 1, 2, or 6 shall not be considered a moving 2 violation. 3 Sec. 8. Section 321.186A, subsection 1, Code 2011, is 4 amended to read as follows: 5 1. An applicant for a new or renewed driver’s license other 6 than a commercial driver’s license need not take a vision test 7 administered by the department if the applicant files with 8 the department a vision report signed by a licensed vision 9 specialist in accordance with this section . 10 Sec. 9. Section 321.188, subsection 1, paragraph c, Code 11 2011, is amended to read as follows: 12 c. Successfully pass knowledge tests and driving skills 13 tests which the department shall require by rule , provide 14 self-certification of type of driving, and provide a medical 15 examiner’s certificate prepared by a medical examiner, as 16 defined in 49 C.F.R. § 390.5, as required by rule by the 17 department . The rules adopted shall substantially comply 18 with the federal minimum testing and licensing requirements 19 in 49 C.F.R. part 383, subparts E, G, and H , as adopted by 20 rule by the department. Except as required under 49 C.F.R. 21 part 383, subpart E, G, or H, a commercial driver’s license is 22 renewable without a driving skills test within one year after 23 its expiration date. 24 Sec. 10. Section 321.188, subsection 4, Code 2011, is 25 amended to read as follows: 26 4. The department shall check the applicant’s driving 27 record as maintained by the applicant’s current licensing 28 state, the national commercial driver’s license information 29 system, and the national driver register to determine whether 30 the applicant qualifies to be issued a commercial driver’s 31 license. The department shall notify the national commercial 32 driver’s license information system of the issuance, renewal, 33 or upgrade of a commercial driver’s license and shall post the 34 driver’s self-certification of type of driving as required by 35 -5- LSB 1191DP (8) 84 dea/nh 5/ 18

S.F. _____ H.F. _____ rule . The department shall also post information from the 1 medical examiner’s certificate required under subsection 1, 2 paragraph “c” , to the national commercial driver’s license 3 information system, if required by rule. 4 Sec. 11. Section 321.194, subsection 1, paragraph c, 5 subparagraph (1), Code 2011, is amended to read as follows: 6 (1) A person issued a driver’s license under this section 7 shall not use an electronic communication device or an 8 electronic entertainment device while driving a motor vehicle 9 unless the motor vehicle is at a complete stop off the traveled 10 portion of the roadway. This subparagraph does not apply to 11 the use of electronic equipment which is permanently installed 12 in the motor vehicle or to a portable device which is operated 13 through permanently installed equipment. A violation of this 14 subparagraph shall not be considered a moving violation except 15 for purposes of section 321.193 . 16 Sec. 12. Section 321.194, Code 2011, is amended by adding 17 the following new subsection: 18 NEW SUBSECTION . 3. Citations for violation of 19 restrictions. A person who violates the restrictions imposed 20 under subsection 1, paragraph “a” or “c” , shall be issued a 21 citation under this section and shall not be issued a citation 22 under section 321.193. A violation of the restrictions 23 imposed under subsection 1, paragraph “a” or “c” , shall not be 24 considered a moving violation. 25 Sec. 13. NEW SECTION . 321.207 Downgrade of commercial 26 driver’s license. 27 The department shall adopt rules for downgrading a 28 commercial driver’s license to a noncommercial status upon a 29 driver’s failure to provide a medical examiner’s certificate as 30 required pursuant to section 321.188, subsection 1, paragraph 31 “c” , or upon a driver’s failure to provide a self-certification 32 of type of driving as required pursuant to section 321.188, 33 subsection 1, paragraph “c” . The rules shall substantially 34 comply with 49 C.F.R. § 383.71 and 383.73, as adopted by rule 35 -6- LSB 1191DP (8) 84 dea/nh 6/ 18

S.F. _____ H.F. _____ by the department. 1 Sec. 14. Section 321.376, Code 2011, is amended by adding 2 the following new subsection: 3 NEW SUBSECTION . 3. As used in this section and section 4 321.375, “driver of a school bus” or “school bus driver” does not 5 include a mechanic, delivery driver, or other person operating 6 an empty school bus for purposes other than the transportation 7 of passengers. Such persons must still hold a commercial 8 driver’s license valid for the operation of a vehicle of the 9 size and type operated, including a passenger endorsement, but 10 are not required to hold a driver’s license with a school bus 11 endorsement. 12 Sec. 15. Section 321A.5, subsection 1, Code 2011, is amended 13 to read as follows: 14 1. The department shall, immediately or within sixty days 15 after the receipt of a report of a motor vehicle accident 16 within this state which has resulted in bodily injury or death 17 or damage to the property of any one person in the amount of one 18 thousand five hundred dollars or more, suspend the license of 19 each operator and all registrations of each owner of a motor 20 vehicle in any manner involved in the accident, and if the 21 operator is a nonresident the privilege of operating a motor 22 vehicle within this state, and if the owner is a nonresident 23 the privilege of the use within this state of any motor vehicle 24 owned by the owner, unless the operator or owner or both 25 shall deposit security in a sum which shall be sufficient in 26 the judgment of the department to satisfy any judgment or 27 judgments for damages resulting from the accident as may be 28 recovered against the operator or owner; provided notice of the 29 suspension shall be sent by the department to the operator and 30 owner not less than ten days prior to the effective date of the 31 suspension and shall state the amount required as security. 32 Sec. 16. Section 321A.17, subsection 4, Code 2011, is 33 amended to read as follows: 34 4. An individual applying for a driver’s license following a 35 -7- LSB 1191DP (8) 84 dea/nh 7/ 18

S.F. _____ H.F. _____ period of suspension or revocation pursuant to a dispositional 1 order issued under section 232.52, subsection 2 , paragraph 2 “a” , or under section 321.180B , section 321.210, subsection 3 1 , paragraph “a” , subparagraph (4), or section 321.210A , 4 321.213A , 321.213B , 321.216B , or 321.513 , following a period 5 of suspension under section 321.178 or 321.194 , or following 6 a period of revocation pursuant to a court order issued under 7 section 901.5, subsection 10 , or under section 321J.2A , is not 8 required to maintain proof of financial responsibility under 9 this section . 10 Sec. 17. Section 321G.10, Code 2011, is amended to read as 11 follows: 12 321G.10 Accident reports. 13 If a snowmobile is involved in an accident resulting in 14 injury or death to anyone or property damage amounting to one 15 thousand five hundred dollars or more, either the operator or 16 someone acting for the operator shall immediately notify the 17 county sheriff or another law enforcement agency in the state. 18 If the accident occurred on public land or ice under the 19 jurisdiction of the commission, the operator shall file with 20 the commission a report of the accident, within seventy-two 21 hours, containing information as the commission may require. 22 For all All other accidents resulting in injury or death or 23 property damage amounting to one thousand dollars or more, the 24 operator shall forward a written report to the department of 25 transportation within seventy-two hours, unless the accident is 26 investigated by a law enforcement agency as provided in shall 27 be reported as required under section 321.266 . 28 Sec. 18. Section 321I.11, Code 2011, is amended to read as 29 follows: 30 321I.11 Accident reports. 31 If an all-terrain vehicle is involved in an accident 32 resulting in injury or death to anyone or property damage 33 amounting to one thousand five hundred dollars or more, 34 either the operator or someone acting for the operator 35 -8- LSB 1191DP (8) 84 dea/nh 8/ 18

S.F. _____ H.F. _____ shall immediately notify the county sheriff or another law 1 enforcement agency in the state. If the accident occurred on 2 public land or ice under the jurisdiction of the commission, 3 the operator shall file with the commission a report of the 4 accident, within seventy-two hours, containing information 5 as the commission may require. For all All other accidents 6 resulting in injury or death or property damage amounting 7 to one thousand dollars or more, the operator shall forward 8 a written report to the department of transportation within 9 seventy-two hours, unless the accident is investigated by a law 10 enforcement agency as provided in shall be reported as required 11 under section 321.266 . 12 Sec. 19. Section 322C.3, Code 2011, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 10. A person who has been convicted of 15 a fraudulent practice, has been convicted of three or more 16 violations of section 321.92, subsection 2, or section 321.99, 17 or has been convicted of any other indictable offense in 18 connection with selling or other activity relating to vehicles, 19 in this state or any other state, shall not for a period of five 20 years from the date of conviction be an owner, salesperson, 21 employee, officer of a corporation, or representative of a 22 licensed travel trailer dealer or represent themselves as an 23 owner, salesperson, employee, officer of a corporation, or 24 representative of a licensed travel trailer dealer. 25 Sec. 20. Section 325A.4, subsection 1, paragraph e, Code 26 2011, is amended by striking the paragraph. 27 Sec. 21. Section 325A.21, Code 2011, is amended to read as 28 follows: 29 325A.21 Transferability of regular-route Regular-route 30 certificate nontransferable . 31 A regular-route passenger certificate shall not be sold, 32 transferred, leased, or assigned without the approval of the 33 department . The department shall approve the sale, transfer, 34 lease, or assignment if the person obtaining or seeking to 35 -9- LSB 1191DP (8) 84 dea/nh 9/ 18

S.F. _____ H.F. _____ obtain ownership or control of a certificate is found to be 1 fit, willing, and able to perform the service proposed. In 2 determining the fitness of the person seeking transfer of the 3 certificate, the department shall consider only the person’s 4 compliance with safety, financial fitness, and insurance 5 requirements. 6 Sec. 22. Section 327B.1, Code 2011, is amended to read as 7 follows: 8 327B.1 Authority secured and registered. 9 1. a. It is unlawful for a carrier to perform an interstate 10 transportation service for compensation upon the highways of 11 this state without first registering the authority obtained 12 from the United States department of transportation or evidence 13 that such authority is not required with the state department 14 of transportation. 15 b. 2. The department shall participate in the single state 16 insurance registration program unified carrier registration 17 plan and agreement for regulated motor carriers as provided 18 in 49 U.S.C. § 14504 14504a and United States department of 19 transportation regulations. 20 c. Registration for carriers transporting commodities exempt 21 from United States department of transportation regulation 22 shall be granted without hearing upon application and payment 23 of a twenty-five-dollar filing fee and an annual one-dollar fee 24 per vehicle. 25 d. The state department of transportation may execute 26 reciprocity agreements with authorized representatives of any 27 state exempting nonresidents from payment of fees as set forth 28 in this chapter . The state department of transportation shall 29 adopt rules pursuant to chapter 17A for the identification of 30 vehicles operated under reciprocity agreements. 31 e. Fees may be subject to reduction or proration pursuant 32 to sections 326.5 and 326.32 . 33 2. a. On and after the date on which the secretary of the 34 United States department of transportation establishes the 35 -10- LSB 1191DP (8) 84 dea/nh 10/ 18

S.F. _____ H.F. _____ unified carrier registration system in accordance with Title 1 49, United States Code, as amended by Pub. L. No. 109-59, 2 3. As provided in 49 U.S.C. § 14504a, a foreign or domestic 3 motor carrier, motor private carrier, leasing company, broker, 4 or freight forwarder shall not operate any motor vehicle on 5 the highways of this state without first registering the motor 6 vehicle under the unified carrier registration system agreement 7 and paying all required fees. 8 b. The state department of transportation shall continue 9 to require each interstate for-hire motor carrier to make an 10 annual payment of one dollar per owned and operated vehicle for 11 filings made with the state department of transportation under 12 the single state registration system until the occurrence of 13 the transition termination date in accordance with 49 U.S.C. 14 § 13902(f), as amended by Pub. L. No. 109-59. 15 c. The state department of transportation may participate in 16 the unified carrier registration plan and agreement established 17 in accordance with 49 U.S.C. § 14504a, as amended by Pub. 18 L. No. 109-59, and to file on behalf of the state the plan 19 required by the provisions of 49 U.S.C. § 14504a(e). 20 3. A motor carrier shall keep proper evidence of interstate 21 authority in the motor vehicle being operated by the motor 22 carrier and the motor carrier owner or driver shall make such 23 evidence available to a peace officer upon request. 24 4. A motor carrier owner or driver charged with failure 25 to have proper evidence of interstate authority shall not be 26 convicted of such violation and the citation shall be dismissed 27 by the court if the person produces to the clerk of court prior 28 to the date of such person’s court appearance as indicated on 29 the citation, proof of interstate authority issued to that 30 person and valid at the time the person was charged with the 31 violation under this section . Upon dismissal, the court or 32 clerk of court shall assess the costs of the action against the 33 defendant named on the citation. 34 Sec. 23. Section 327B.2, Code 2011, is amended to read as 35 -11- LSB 1191DP (8) 84 dea/nh 11/ 18

S.F. _____ H.F. _____ follows: 1 327B.2 Enforcement. 2 The state department of transportation may designate by 3 resolution certain of its employees upon each of whom there 4 is hereby conferred the authority of a peace officer to make 5 arrests for violations of laws relating to the registration of 6 a motor carrier’s interstate transportation service with the 7 state department of transportation registering a motor vehicle 8 under the unified carrier registration agreement . 9 Sec. 24. Section 805.8A, subsection 13, paragraph f, Code 10 2011, is amended by striking the paragraph and inserting in 11 lieu thereof the following: 12 f. For violations of section 327B.1, subsection 1 or 2, the 13 scheduled fine is two hundred fifty dollars. 14 Sec. 25. Section 805.8A, subsection 13, paragraph g, Code 15 2011, is amended by striking the paragraph. 16 Sec. 26. Section 901.5, subsection 10, Code 2011, is amended 17 to read as follows: 18 10. a. In addition to any sentence imposed pursuant to 19 chapter 902 or 903 , the court shall order the state department 20 of transportation to revoke the defendant’s driver’s license or 21 motor vehicle operating privilege for a period of one hundred 22 eighty days, or to delay the issuance of a driver’s license 23 for one hundred eighty days after the person is first eligible 24 if the defendant has not been issued a driver’s license, and 25 shall send a copy of the order in addition to the notice of 26 conviction required under section 124.412 , 126.26 , or 453B.16 , 27 to the state department of transportation, if the defendant is 28 being sentenced for any of the following offenses: 29 a. (1) A controlled substance offense under section 30 124.401 , 124.401A , 124.402 , or 124.403 . 31 b. (2) A drug or drug-related offense under section 126.3 . 32 c. (3) A controlled substance tax offense under chapter 33 453B . 34 b. If the person’s operating privileges are suspended or 35 -12- LSB 1191DP (8) 84 dea/nh 12/ 18

S.F. _____ H.F. _____ revoked at the time of sentencing, the order shall provide that 1 the one hundred eighty-day revocation period shall not begin 2 until all other suspensions or revocations have terminated. 3 Any order under this section shall also provide that the 4 department shall not issue a temporary restricted license to 5 the defendant during the revocation period, without further 6 order by the court. 7 DIVISION II 8 TRANSIT REPORT 9 Sec. 27. Section 324A.4, subsection 2, Code 2011, is amended 10 to read as follows: 11 2. a. Upon request, the department shall provide assistance 12 to political subdivisions, state agencies, and organizations 13 affected by this chapter for federal aid applications for urban 14 and rural transit system program aid. The department, in 15 cooperation with the regional planning agencies, shall maintain 16 current information reflecting the amount of federal, state, 17 and local aid received by the public and private nonprofit 18 organizations providing public transit services and the purpose 19 for which the aid is received. The department shall annually 20 biennially prepare a report to be submitted to the general 21 assembly , the department of management, and to the governor , 22 prior to February 1 of each year, stating the receipts and 23 disbursements made during the preceding fiscal year and the 24 adequacy of programs financed by federal, state, local, and 25 private aid in the state. The department shall analyze the 26 programs financed and December 15 of even-numbered years. 27 The report shall recommend methods of avoiding duplication 28 and increasing the efficacy of programs financed to increase 29 transportation coordination and improve the efficiency of 30 federal, state, and local government programs used to finance 31 public transit services and may address other topics as 32 appropriate . The department shall receive comments from the 33 department of human services, the department on aging, and 34 the officers and agents of the other affected state and local 35 -13- LSB 1191DP (8) 84 dea/nh 13/ 18

S.F. _____ H.F. _____ government units relative to the department’s analysis shall 1 provide input as requested by the department . 2 b. The department shall use the following criteria to adopt 3 rules to determine compliance with and exceptions to subsection 4 1 : 5 (1) Elimination of duplicative and inefficient 6 administrative costs, policies, and management. 7 (2) Utilization of resources for transportation services 8 effectively and efficiently. 9 (3) Elimination of duplicative and inefficient 10 transportation services. 11 (4) Development of transportation services which meet the 12 needs of the general public and insure services adequate to the 13 needs of transportation disadvantaged persons. 14 (5) Protection of the rights of private enterprise public 15 transit providers. 16 (6) Coordination of planning for transportation services at 17 the urban and regional level by all agencies or organizations 18 receiving public funds that are purchasing or providing 19 transportation services. 20 (7) Management of equipment and facilities purchased with 21 public funds so that efficient and routine maintenance and 22 replacement is accomplished. 23 (8) Training of transit management, drivers, and 24 maintenance personnel to provide safe, efficient, and 25 economical transportation services. 26 b. c. Eligibility to receive or expend federal, state, 27 or local funds for transportation services by all agencies or 28 organizations purchasing or providing these services shall be 29 contingent upon compliance with these criteria as determined 30 by the department. 31 EXPLANATION 32 This bill contains provisions relating to the regulation of 33 motor vehicles and the coordination of public transit funding 34 programs by the department of transportation. 35 -14- LSB 1191DP (8) 84 dea/nh 14/ 18

S.F. _____ H.F. _____ DIVISION I —— MOTOR VEHICLES. The definition of 1 “conviction” in Code section 321.1 is amended, for purposes 2 of Code chapter 321, to include a plea of guilty or nolo 3 contendere accepted by the court. 4 Code section 321.174 is amended to specify that a person 5 commits a simple misdemeanor if the person operates a 6 commercial motor vehicle after the person’s commercial driver’s 7 license has been downgraded to noncommercial status. 8 Code section 321.178 is amended to provide that the 9 department may suspend a restricted driver’s license issued 10 to a person between 16 and 18 years of age if the department 11 receives satisfactory evidence that the licensee has used an 12 electronic communication or entertainment device while driving. 13 The bill also provides that a citation for such a violation 14 shall be issued under Code section 321.178 and not Code section 15 321.193, relating to license restrictions in general. 16 Code section 321.180B is amended to provide that the 17 department may suspend an instruction permit, an intermediate 18 driver’s license, or a full driver’s license of a person 19 under 21 years of age if the department receives satisfactory 20 evidence that the person violated the restrictions of their 21 instruction permit or intermediate driver’s license, including 22 the restriction against use of an electronic communication or 23 entertainment device while driving. The bill also provides 24 that a citation for such a violation shall be issued under Code 25 section 321.180B and not Code section 321.193, relating to 26 license restrictions in general. 27 Code section 321.186A is amended to allow an applicant for a 28 commercial driver’s license to submit a vision report signed by 29 a licensed vision specialist in lieu of taking a vision test 30 administered by the department. This is current practice for 31 applicants for a noncommercial license. 32 Code section 321.188 is amended, and Code section 321.207 is 33 created, to require an applicant to provide self-certification 34 of type of driving and a medical examiner’s certificate 35 -15- LSB 1191DP (8) 84 dea/nh 15/ 18

S.F. _____ H.F. _____ before the department issues, renews, or upgrades the person’s 1 commercial driver’s license. The department’s notification 2 to the national commercial driver’s license information 3 system of the issuance, renewal, or upgrade of a license shall 4 include the driver’s self-certification and medical examiner’s 5 certificate. The department is required to establish rules for 6 downgrading a commercial driver’s license to noncommercial for 7 failure to provide self-certification of type of driving or a 8 medical examiner’s certificate. 9 Code section 321.194 is amended to provide that the 10 department may suspend a special minor’s driver’s license, 11 which is issued to a person between 14 and 18 years of age 12 for travel to and from school if the department receives 13 satisfactory evidence that the person violated the restrictions 14 of the special minor’s license, including the restriction 15 against use of an electronic communication or entertainment 16 device while driving. The bill also provides that a citation 17 for such a violation shall be issued under Code section 321.194 18 and not Code section 321.193, relating to license restrictions 19 in general. 20 Code section 321.376 is amended to specify that a mechanic, 21 delivery driver, or other person operating an empty school 22 bus for purposes other than the transportation of passengers 23 is not considered a “school bus driver” for purposes of Code 24 sections 321.375 and 321.376, which establish special physical 25 and instructional requirements for school bus drivers. A 26 commercial driver’s license valid for the vehicle operated, 27 including a passenger endorsement, is required for operation 28 of an empty school bus, but a school bus endorsement is not 29 required. 30 Code section 321A.5 is amended to increase the property 31 damage threshold amount triggering special financial 32 responsibility requirements following a motor vehicle accident 33 from $1,000 to $1,500. In addition, Code sections 321G.10 and 34 321I.11 are amended to raise the property damage threshold 35 -16- LSB 1191DP (8) 84 dea/nh 16/ 18

S.F. _____ H.F. _____ amount triggering accident reporting requirements for accidents 1 involving snowmobile and all-terrain vehicles from $1,000 to 2 $1,500. In 2010, motor vehicle accident reporting requirements 3 were revised to require an accident report to be made following 4 any motor vehicle accident resulting in property damage of 5 $1,500 or more. 6 Code section 321A.17 is amended to provide that a 7 person applying for a driver’s license following a period 8 of suspension is not required to meet proof of financial 9 responsibility requirements if the person was issued a special 10 minor’s license under Code section 321.178 and the suspension 11 was for a violation of the restrictions applicable to that 12 license. Similar provisions currently apply for licenses and 13 permits issued under the graduated driver licensing program 14 in Code section 321.180B and for restricted licenses issued 15 to persons between 16 and 18 years of age under Code section 16 321.194. 17 Code section 322C.3 is amended to provide that conviction of 18 a fraudulent practice; conviction of three or more violations 19 of Code section 321.92, subsection 2, relating to vehicles 20 without identification numbers, or Code section 321.99, 21 relating to fraudulent use of a vehicle registration card, 22 plate, or permit; or conviction of any other indictable 23 offense in connection with selling or other activity relating 24 to vehicles, in this state or any other state, disqualifies 25 a person from acting as or representing themselves as an 26 owner, salesperson, employee, officer of a corporation, or 27 representative of a licensed travel trailer dealer for five 28 years from the date of conviction. 29 Code sections 325A.4 and 325A.21 are amended to eliminate 30 provisions allowing for the transfer of a regular-route 31 passenger certificate. 32 Code sections 327B.1 and 327B.2 are amended by striking 33 obsolete provisions relating to the registration of interstate 34 carriers under the single state insurance registration program 35 -17- LSB 1191DP (8) 84 dea/nh 17/ 18

S.F. _____ H.F. _____ to reflect that Iowa now participates in the unified carrier 1 registration agreement for regulated motor carriers. The bill 2 strikes the requirement for a motor carrier to carry evidence 3 of interstate authority in the motor vehicle being operated. 4 Currently, the penalty for failure to carry proper evidence of 5 interstate authority or exemption from authority is a scheduled 6 fine of $250. The bill strikes that provision and replaces 7 it with a $250 scheduled fine for failure to register and pay 8 required fees under the unified carrier registration system and 9 for failure to register interstate authority or exemption from 10 authority with the state department of transportation. Code 11 section 805.8A is also amended by striking the penalty for 12 failure to have proper carrier identification markings. 13 Code section 901.5 is amended to allow the department of 14 transportation to issue a temporary restricted driver’s license 15 without a court order to a defendant whose license has been 16 ordered revoked in cases involving controlled substance-related 17 offenses. 18 DIVISION II —— PUBLIC TRANSIT. Under current law, the 19 department of transportation is required to submit an annual 20 report to the general assembly, the department of management, 21 and the governor providing an analysis of transit programs 22 financed by federal, state, local, and private aid and stating 23 the receipts and disbursements for the programs during the 24 preceding fiscal year. The amendment to Code section 324A.4 25 eliminates the detailed financial accounting from the reporting 26 requirement and provides for a biennial rather than annual 27 report to be made to the general assembly and the governor 28 only. In its report, the department is to recommend methods to 29 increase transportation coordination and improve efficiency of 30 government programs used to finance public transit services. 31 -18- LSB 1191DP (8) 84 dea/nh 18/ 18