HF 2334 (LSB 5518YH (3) 89)

HOUSE FILE 2334

BY  THORUP

A BILL FOR

An Act relating to certain persons exempt from commercial driver’s license requirements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.176A, subsection 2, Code 2022, is amended to read as follows:
   2.  A fire fighter while operating a fire vehicle for a volunteer or paid fire organization, or a peace officer, as defined in section 801.4, while operating a commercial motor vehicle for a law enforcement agency, or a member of the department of homeland security and emergency management or a local emergency management agency, as defined in section 29C.2, while operating a commercial motor vehicle, under conditions necessary to preserve life or property or to execute related emergency governmental functions.
    Sec. 2.  Section 321.176A, subsection 7, Code 2022, is amended by striking the subsection.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, the following are exempt from commercial driver’s license requirements: a farmer or a person working for a farmer under certain circumstances, a fire fighter while operating a fire vehicle or a peace officer while operating a commercial motor vehicle for a law enforcement agency under conditions necessary to preserve life or property or to execute related governmental functions, certain persons in the military when operating commercial motor vehicles for military purposes, a person while operating a motor home solely for personal or family use, a person operating a motor vehicle with a gross vehicle weight rating of less than 26,001 pounds towing a travel trailer solely for personal or family use, a person exempted by department of transportation rules pursuant to Code section 321.176B, and a home care aide operating a motor vehicle in the course of the home care aide’s duties.
   This bill expands the exemption for fire fighters and peace officers to include members of the department of homeland security and emergency management or a local emergency management agency. Under the bill, the exemption applies when executing emergency governmental functions rather than “related” government functions.
   The bill strikes the exemption for a home care aide operating a motor vehicle in the course of the home care aide’s duties.