House
File
46
-
Introduced
HOUSE
FILE
46
BY
HUNTER
A
BILL
FOR
An
Act
relating
to
requirements
for
instruction
permits
and
1
driver’s
licenses
issued
to
persons
under
eighteen
years
of
2
age.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
321.178,
subsection
1,
paragraph
d,
Code
1
2013,
is
amended
to
read
as
follows:
2
d.
“Student”
,
for
purposes
of
this
section
,
means
a
person
3
between
the
ages
of
fourteen
sixteen
years
and
twenty-one
years
4
who
satisfies
the
preliminary
licensing
requirements
of
the
5
department.
6
Sec.
2.
Section
321.180B,
subsection
1,
paragraph
a,
Code
7
2013,
is
amended
to
read
as
follows:
8
a.
The
department
may
issue
an
instruction
permit
to
an
9
applicant
between
the
ages
of
fourteen
sixteen
and
eighteen
10
years
if
the
applicant
meets
the
requirements
of
sections
11
321.184
and
321.186
,
other
than
a
driving
demonstration,
and
12
pays
the
required
fee.
An
instruction
permit
issued
under
13
this
section
shall
be
valid
for
a
period
not
to
exceed
four
14
years
from
the
licensee’s
birthday
anniversary
in
the
year
of
15
issuance.
A
motorcycle
instruction
permit
issued
under
this
16
section
is
not
renewable.
17
Sec.
3.
Section
321.180B,
subsection
2,
paragraph
a,
Code
18
2013,
is
amended
to
read
as
follows:
19
a.
The
department
may
issue
an
intermediate
driver’s
20
license
to
a
person
sixteen
or
seventeen
years
of
age
who
21
possesses
an
instruction
permit
issued
under
subsection
1
or
22
a
comparable
instruction
permit
issued
by
another
state
for
a
23
minimum
of
six
months
immediately
preceding
application,
and
24
who
presents
an
affidavit
signed
by
a
parent,
guardian,
or
25
custodian
on
a
form
to
be
provided
by
the
department
that
the
26
permittee
has
accumulated
a
total
of
twenty
hours
of
street
27
or
highway
driving
of
which
two
hours
were
conducted
after
28
sunset
and
before
sunrise
and
the
street
or
highway
driving
was
29
with
the
permittee’s
parent,
guardian,
custodian,
instructor,
30
a
person
certified
by
the
department,
or
a
person
at
least
31
twenty-five
years
of
age
who
had
written
permission
from
a
32
parent,
guardian,
or
custodian
to
accompany
the
permittee,
and
33
whose
driving
privileges
have
not
been
suspended,
revoked,
34
or
barred
under
this
chapter
or
chapter
321J
during,
and
who
35
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46
has
been
accident
and
violation
free
continuously
for,
the
1
six-month
period
immediately
preceding
the
application
for
an
2
intermediate
license.
An
applicant
for
an
intermediate
license
3
must
meet
the
requirements
of
section
321.186
,
including
4
satisfactory
completion
of
driver
education
as
required
in
5
section
321.178
,
and
payment
of
the
required
license
fee
6
before
an
intermediate
license
will
be
issued.
A
person
7
issued
an
intermediate
license
must
shall
limit
the
number
of
8
passengers
in
the
motor
vehicle
when
the
intermediate
licensee
9
is
operating
the
motor
vehicle
to
the
number
of
passenger
10
safety
belts.
A
person
issued
an
intermediate
license
shall
11
not
transport
more
than
one
passenger
under
twenty-one
years
12
of
age,
other
than
a
person
who
is
a
member
of
the
licensee’s
13
immediate
family,
in
a
motor
vehicle
unless
accompanied
by
a
14
person
over
twenty-one
years
of
age
who
has
a
driver’s
license
15
valid
for
the
vehicle
operated.
16
Sec.
4.
Section
321.180B,
subsection
3,
Code
2013,
is
17
amended
to
read
as
follows:
18
3.
Remedial
driver
improvement
action
——
suspension
of
19
permit
,
or
intermediate
license
,
or
full
license
.
20
a.
A
person
who
has
been
issued
an
instruction
permit
,
21
or
an
intermediate
license
,
or
a
full
driver’s
license
under
22
this
section
,
upon
conviction
of
a
moving
traffic
violation
23
or
involvement
in
a
motor
vehicle
accident
which
occurred
24
during
the
term
of
the
instruction
permit
or
intermediate
25
license,
shall
be
subject
to
remedial
driver
improvement
action
26
or
suspension
of
the
permit
or
current
license.
A
person
27
possessing
an
instruction
permit
who
has
been
convicted
of
a
28
moving
traffic
violation
or
has
been
involved
in
an
accident
29
shall
not
be
issued
an
intermediate
license
until
the
person
30
has
completed
the
remedial
driver
improvement
action
and
31
has
been
accident
and
violation
free
continuously
for
the
32
six-month
period
immediately
preceding
the
application
for
the
33
intermediate
license.
A
person
possessing
an
intermediate
34
license
who
has
been
convicted
of
a
moving
traffic
violation
35
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or
has
been
involved
in
an
accident
shall
not
be
issued
a
full
1
driver’s
license
until
the
person
has
completed
the
remedial
2
driver
improvement
action
and
has
been
accident
and
violation
3
free
continuously
for
the
twelve-month
period
immediately
4
preceding
the
application
for
a
full
driver’s
license.
5
b.
The
department
may
suspend
an
instruction
permit
,
or
6
intermediate
license
,
or
full
license
issued
under
this
section
7
upon
receiving
satisfactory
evidence
that
the
person
issued
the
8
instruction
permit
,
or
intermediate
license
,
or
full
license
9
violated
the
restrictions
imposed
under
subsection
1,
2,
or
10
6
during
the
term
of
the
instruction
permit
or
intermediate
11
license.
12
Sec.
5.
Section
321.180B,
subsection
4,
Code
2013,
is
13
amended
by
striking
the
subsection.
14
Sec.
6.
Section
321.194,
subsection
1,
unnumbered
paragraph
15
1,
Code
2013,
is
amended
to
read
as
follows:
16
Upon
certification
of
a
special
need
by
the
school
board,
17
superintendent
of
the
applicant’s
school,
or
principal,
if
18
authorized
by
the
superintendent,
the
department
may
issue
a
19
class
C
or
M
driver’s
license
to
a
person
between
the
ages
of
20
fourteen
sixteen
and
eighteen
years
whose
driving
privileges
21
have
not
been
suspended,
revoked,
or
barred
under
this
chapter
22
or
chapter
321J
during,
and
who
has
not
been
convicted
of
23
a
moving
traffic
violation
or
involved
in
a
motor
vehicle
24
accident
for,
the
six-month
period
immediately
preceding
25
the
application
for
the
special
minor’s
license
and
who
has
26
successfully
completed
an
approved
driver
education
course.
27
However,
the
completion
of
a
course
is
not
required
if
the
28
applicant
demonstrates
to
the
satisfaction
of
the
department
29
that
completion
of
the
course
would
impose
a
hardship
upon
the
30
applicant.
The
department
shall
adopt
rules
defining
the
term
31
“hardship”
and
establish
procedures
for
the
demonstration
and
32
determination
of
when
completion
of
the
course
would
impose
a
33
hardship
upon
an
applicant.
34
EXPLANATION
35
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This
bill
raises
the
minimum
age
required
for
issuance
of
1
an
instruction
permit
to
operate
a
motor
vehicle
from
14
to
16
2
years
of
age.
Because
an
instruction
permit
is
required
for
3
a
student
to
participate
in
driver
education,
the
bill
amends
4
the
definition
of
“student”,
for
purposes
of
driver
education
5
provisions,
to
include
persons
between
16
and
21
years
of
age,
6
and
the
bill
raises
the
minimum
age
for
issuance
of
a
special
7
minor’s
license
to
drive
to
and
from
school
to
16
years
of
age.
8
Under
current
law,
a
person
who
has
an
intermediate
driver’s
9
license
under
the
graduated
driver
licensing
program
must
limit
10
the
number
of
passengers
in
a
motor
vehicle
operated
by
the
11
intermediate
licensee
to
the
number
of
passenger
safety
belts.
12
The
bill
imposes
a
further
passenger
restriction
by
prohibiting
13
an
intermediate
licensee
from
transporting
more
than
one
person
14
under
21
years
of
age,
other
than
an
immediate
family
member,
15
unless
the
intermediate
licensee
is
accompanied
by
a
licensed
16
driver
over
21
years
of
age.
17
The
bill
eliminates
the
full
driver’s
license
currently
18
issued
to
a
person
17
years
of
age
who
possesses
an
19
intermediate
license,
has
satisfied
hours-of-driving
20
requirements,
and
has
been
accident
and
violation
free
for
21
12
months.
Under
the
bill,
a
person
would
drive
under
an
22
intermediate
license
until
attaining
18
years
of
age.
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