House Study Bill 654 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON BEST) A BILL FOR An Act relating to third-party testers for commercial driver’s 1 license driving skills tests. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5932HC (3) 89 th/ns
H.F. _____ Section 1. Section 321.187, subsection 2, paragraph c, Code 1 2022, 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 , either 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 be an Iowa nonprofit corporation that serves 11 as a trade association for Iowa-based motor carriers regarding 12 who may qualify as a third-party tester . The rules may also 13 provide that a third-party tester conduct a number of skills 14 test examinations above the number required under 49 C.F.R. 15 §383.75 in order to remain qualified as a third-party tester 16 under this section . A third-party tester, other than a 17 community college established under chapter 260C, must be one 18 of the following: 19 (1) An Iowa-based motor carrier, or its subsidiary, that has 20 its principal office within this state and operates a permanent 21 commercial driver training facility in this state. 22 (2) An Iowa nonprofit corporation that serves as a trade 23 association for Iowa-based motor carriers. 24 (3) A public transit system or regional transit system, as 25 those terms are defined in section 324A.1, in this state. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 Under current law, the department of transportation (DOT) is 30 required to examine applicants for driver’s licenses. However, 31 the DOT may designate community colleges and other third-party 32 testers to administer the driving skills test required for 33 a commercial driver’s license (CDL). A third-party skills 34 test examiner used by a third-party tester must meet federal 35 -1- LSB 5932HC (3) 89 th/ns 1/ 2
H.F. _____ regulatory requirements as adopted by rule by the DOT. The DOT 1 is required to adopt rules requiring that a third-party tester, 2 other than a community college, either be an Iowa-based motor 3 carrier, or its subsidiary, that has its principal office and 4 operates a permanent commercial driver training facility in 5 Iowa, or an Iowa nonprofit corporation that serves as a trade 6 association for Iowa-based motor carriers. 7 This bill authorizes a public transit system (an urban or 8 regional transit system providing transit services accessible 9 to the general public and receiving federal, state, or local 10 tax support) and a regional transit system (a public transit 11 system serving one county or all or part of a multicounty 12 area whose boundaries correspond to the same boundaries 13 as those of the regional planning areas designated by the 14 governor except as agreed upon by the county and the DOT) as 15 third-party testers for CDL driving skills tests. The bill 16 makes organizational changes to Code section 321.187(2)(c). 17 -2- LSB 5932HC (3) 89 th/ns 2/ 2