Senate File 115 - Introduced SENATE FILE 115 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SSB 1019) A BILL FOR An Act relating to intermediate driver’s licenses and special 1 minor’s licenses, making a penalty applicable, and including 2 effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1403SV (1) 85 dea/nh
S.F. 115 Section 1. Section 321.180B, subsection 2, Code 2013, is 1 amended to read as follows: 2 2. Intermediate license. 3 a. The department may issue an intermediate driver’s license 4 to a person sixteen or seventeen years of age who possesses an 5 instruction permit issued under subsection 1 or a comparable 6 instruction permit issued by another state for a minimum of 7 six twelve months immediately preceding application, and 8 who presents an affidavit signed by a parent, guardian, or 9 custodian on a form to be provided by the department that the 10 permittee has accumulated a total of twenty hours of street 11 or highway driving of which two hours were conducted after 12 sunset and before sunrise and the street or highway driving was 13 with the permittee’s parent, guardian, custodian, instructor, 14 a person certified by the department, or a person at least 15 twenty-five years of age who had written permission from a 16 parent, guardian, or custodian to accompany the permittee, and 17 whose driving privileges have not been suspended, revoked, 18 or barred under this chapter or chapter 321J during, and who 19 has been accident and violation free continuously for, the 20 six-month period immediately preceding the application for an 21 intermediate license. An applicant for an intermediate license 22 must meet the requirements of section 321.186 , including 23 satisfactory completion of driver education as required in 24 section 321.178 , and payment of the required license fee before 25 an intermediate license will be issued. A person issued an 26 intermediate license must limit the number of passengers in 27 the motor vehicle when the intermediate licensee is operating 28 the motor vehicle to the number of passenger safety belts. In 29 addition, for the first six months following issuance of the 30 license, a person issued an intermediate license must limit the 31 number of unrelated minor passengers in the motor vehicle when 32 the intermediate licensee is operating the motor vehicle to 33 one, except when the intermediate licensee is accompanied in 34 accordance with subsection 1. For purposes of this subsection, 35 -1- LSB 1403SV (1) 85 dea/nh 1/ 4
S.F. 115 “unrelated minor passenger” means a passenger who is under 1 eighteen years of age and who is not a sibling of the driver, a 2 stepsibling of the driver, or a child who resides in the same 3 household as the driver. 4 b. Except as otherwise provided, a person issued an 5 intermediate license under this subsection who is operating a 6 motor vehicle between the hours of 12:30 a.m. and 5:00 a.m. 7 must be accompanied by a person issued a driver’s license 8 valid for the vehicle operated who is the parent, guardian, or 9 custodian of the permittee intermediate licensee , a member of 10 the permittee’s intermediate licensee’s immediate family if the 11 family member is at least twenty-one years of age, an approved 12 driver education instructor, a prospective driver education 13 instructor who is enrolled in a practitioner preparation 14 program with a safety education program approved by the state 15 board of education, or a person at least twenty-five years of 16 age if written permission is granted by the parent, guardian, 17 or custodian, and who is actually occupying a seat beside the 18 driver. However, a licensee may operate a vehicle to and from 19 school-related extracurricular activities and work without an 20 accompanying driver between the hours of 12:30 a.m. and 5:00 21 a.m. if such the licensee possesses a waiver on a form to be 22 provided by the department. An accompanying driver is not 23 required between the hours of 5:00 a.m. and 12:30 a.m. 24 Sec. 2. Section 321.194, subsection 1, Code 2013, is amended 25 by adding the following new paragraph: 26 NEW PARAGRAPH . 0b. Unless accompanied in accordance with 27 section 321.180B, subsection 1, a person issued a driver’s 28 license pursuant to this section must limit the number of 29 unrelated minor passengers in the motor vehicle when the 30 licensee is operating the motor vehicle to one. For purposes 31 of this section, “unrelated minor passenger” means a passenger 32 who is under eighteen years of age and who is not a sibling of 33 the driver, a stepsibling of the driver, or a child who resides 34 in the same household as the driver. 35 -2- LSB 1403SV (1) 85 dea/nh 2/ 4
S.F. 115 Sec. 3. EFFECTIVE DATE. This Act takes effect January 1, 1 2014. 2 EXPLANATION 3 This bill amends provisions relating to intermediate 4 driver’s licenses under the graduated driver licensing program 5 and to special minor’s licenses issued for travel to and from 6 school. 7 Under the graduated driver licensing program, a person who 8 is 16 or 17 years of age must possess an instruction permit for 9 a minimum of six months to qualify for an intermediate license. 10 During that period, the permittee must accumulate a total of 11 20 hours of street or highway driving while accompanied by 12 the permittee’s parent, guardian, custodian, or instructor, 13 a person certified by the department of transportation, or a 14 person at least 25 years of age with written permission from a 15 parent, guardian, or custodian to accompany the permittee. The 16 hours of accompanied driving must include two hours conducted 17 after sunset and before sunrise. The bill increases the 18 required period of possession of an instruction permit to 12 19 months, with no change in the required hours of accompanied 20 driving. 21 Under current law, an intermediate licensee may transport 22 only as many passengers as there are seatbelts in the vehicle, 23 but there is no passenger restriction specified for a driver 24 with a special minor’s license. The bill imposes a new 25 passenger restriction for licensees in both categories. 26 Unless accompanied by a person licensed to drive the vehicle 27 operated who is the parent, guardian, or custodian of the 28 intermediate licensee, a family member who is at least 21 years 29 of age, an approved driver education instructor, a prospective 30 driver education instructor who is enrolled in a qualifying 31 practitioner preparation program, or a person at least 25 years 32 of age with the written permission of the parent, guardian, or 33 custodian of the intermediate licensee and who is occupying a 34 seat beside the driver, a person with an intermediate license 35 -3- LSB 1403SV (1) 85 dea/nh 3/ 4
S.F. 115 or a special minor’s license may not operate a motor vehicle 1 with more than one unrelated minor passenger in the vehicle. 2 The restriction on unrelated minor passengers is lifted for 3 an intermediate licensee after six months. The bill defines 4 “unrelated minor passenger” as a passenger under 18 years of 5 age who is not a sibling or stepsibling of the driver or a child 6 who resides in the same household as the driver. 7 A violation of intermediate driver’s license restrictions or 8 special minor’s license restrictions is a simple misdemeanor 9 punishable by a scheduled fine of $50. 10 The bill takes effect January 1, 2014. 11 -4- LSB 1403SV (1) 85 dea/nh 4/ 4