House File 418 - Introduced HOUSE FILE 418 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HSB 43) (COMPANION TO SF 226 BY COMMITTEE ON TRANSPORTATION) A BILL FOR An Act relating to commercial driver’s license requirements, 1 and including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1270HV (3) 88 ns/rh

H.F. 418 Section 1. Section 321.187, subsection 2, paragraph c, Code 1 2019, is amended to read as follows: 2 c. Any third-party skills test examiner used by the 3 third-party tester shall meet the requirements of 49 C.F.R. 4 §383.75 and 49 C.F.R. §384.228 , as adopted by rule by the 5 department. The department shall adopt rules requiring that a 6 third-party tester, other than a community college established 7 under chapter 260C , shall be an Iowa-based motor carrier, or 8 its subsidiary, that has its principal office within this state 9 and operates a permanent commercial driver training facility 10 in this state , or an Iowa nonprofit corporation that serves as 11 a trade association for Iowa-based motor carriers . The rules 12 may also provide that a third-party tester conduct a number of 13 skills test examinations above the number required under 49 14 C.F.R. §383.75 in order to remain qualified as a third-party 15 tester under this section . 16 Sec. 2. Section 321.188, subsection 1, Code 2019, is amended 17 by adding the following new paragraph: 18 NEW PARAGRAPH . 0c. Successfully complete any entry-level 19 driver training if required under 49 C.F.R. pt. 380, subpt. F, 20 or 49 C.F.R. pt. 383, subpt. E, prior to taking a knowledge 21 test or driving skills test, the passage of which is required 22 under paragraph “c” . 23 Sec. 3. Section 321.188, subsection 4, Code 2019, is amended 24 to read as follows: 25 4. The department shall check the applicant’s driving 26 record as maintained by the applicant’s current licensing 27 state, the national commercial driver’s license information 28 system, the national drug and alcohol clearinghouse if required 29 under 49 C.F.R. §383.73, and the national driver register to 30 determine whether the applicant qualifies to be issued for 31 the issuance, renewal, or upgrade of a commercial driver’s 32 license , as applicable . The department shall notify the 33 national commercial driver’s license information system of the 34 issuance, renewal, or upgrade of a commercial driver’s license 35 -1- LSB 1270HV (3) 88 ns/rh 1/ 3

H.F. 418 and shall post the driver’s self-certification of type of 1 driving as required by rule. The department shall also post 2 information from the medical examiner’s certificate required 3 under subsection 1 , paragraph “c” , to the national commercial 4 driver’s license information system, if required by rule. 5 Sec. 4. APPLICABILITY. The following applies to applicants 6 for which the issuance or upgrade of a commercial driver’s 7 license sought by the applicant is or will be issued by 8 the department of transportation on or after February 7, 9 2020, regardless of the date the applicant submitted to the 10 department the application or other information required for 11 the issuance or upgrade of the license: 12 The section of this Act enacting section 321.188, subsection 13 1, paragraph “0c”. 14 Sec. 5. APPLICABILITY. The following applies to applicants 15 for which the issuance, renewal, or upgrade of a commercial 16 driver’s license sought by the applicant is or will be issued 17 by the department of transportation on or after January 6, 18 2020, regardless of the date the applicant submitted to the 19 department the application or other information required for 20 the issuance, renewal, or upgrade of the license: 21 The section of this Act amending section 321.188, subsection 22 4. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 Current law allows third-party testers to administer driving 27 skills tests required for a commercial driver’s license. A 28 third-party tester, other than a community college, must be 29 an Iowa-based motor carrier, or its subsidiary, that has its 30 principal office within this state and operates a permanent 31 commercial driver training facility in this state. This bill 32 allows an Iowa nonprofit corporation that serves as a trade 33 association for Iowa-based motor carriers to be a third-party 34 tester. 35 -2- LSB 1270HV (3) 88 ns/rh 2/ 3

H.F. 418 The bill requires commercial driver’s license applicants 1 to successfully complete any entry-level driver training 2 if required under the code of federal regulations prior to 3 taking a required knowledge test or driving skills test. This 4 provision of the bill applies to applicants for which the 5 issuance or upgrade of a commercial driver’s license sought 6 by the applicant is or will be issued by the department of 7 transportation (DOT) on or after February 7, 2020, regardless 8 of the date the applicant submitted to the DOT the application 9 or other information required for the issuance or upgrade of 10 the license. 11 In addition, the bill requires the DOT to check the national 12 drug and alcohol clearinghouse if required under the code 13 of federal regulations to determine whether the applicant 14 qualifies for the issuance, renewal, or upgrade of a commercial 15 driver’s license. This provision of the bill applies to 16 applicants for which the issuance, renewal, or upgrade of a 17 commercial driver’s license sought by the applicant is or will 18 be issued by the DOT on or after January 6, 2020, regardless 19 of the date the applicant submitted to the DOT the application 20 or other information required for the issuance, renewal, or 21 upgrade of the license. 22 The provisions of Code section 321.188 (commercial driver’s 23 license requirements) are applicable to the issuance of 24 commercial learner’s permits under Code section 321.180(2)(a). 25 -3- LSB 1270HV (3) 88 ns/rh 3/ 3