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 TLSB 1222YH (1) 85 dea/nh
H.F. 46 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 -1- LSB 1222YH (1) 85 dea/nh 1/ 4
H.F. 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 -2- LSB 1222YH (1) 85 dea/nh 2/ 4
H.F. 46 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 -3- LSB 1222YH (1) 85 dea/nh 3/ 4
H.F. 46 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. 23 -4- LSB 1222YH (1) 85 dea/nh 4/ 4