Senate Study Bill 3132 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON BROWN) A BILL FOR An Act relating to third-party testers and test examiners for 1 commercial driver’s license knowledge and driving skills 2 tests. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6220SC (2) 89 th/ns
S.F. _____ Section 1. Section 321.187, subsections 2 and 3, Code 2022, 1 are amended to read as follows: 2 2. The department may by rule designate community colleges 3 established under chapter 260C and other third-party testers to 4 administer the knowledge and driving skills test tests required 5 for a commercial learner’s permit or commercial driver’s 6 license, provided that all of the following occur: 7 a. The driving skills test is the same as that which 8 would otherwise be administered by the state. The fees for 9 administering a commercial driver’s license driving skills test 10 as provided in sections 321.187A and 321M.6A shall not apply 11 to a driving skills test administered by a third-party tester 12 under this section . 13 b. The third-party tester contractually agrees to comply 14 with the requirements of 49 C.F.R. §383.75 pts. 383 and 384 15 applicable to third-party knowledge and driving skills testing, 16 as adopted by rule by the department. 17 c. Any third-party skills test examiner used by the 18 third-party tester shall meet the requirements of 49 C.F.R. 19 §383.75 and 49 C.F.R. §384.228 pts. 383 and 384 applicable to 20 third-party knowledge and driving skills testing , as adopted 21 by rule by the department. The department shall adopt rules 22 requiring that a third-party tester, other than a community 23 college established under chapter 260C , either be an Iowa-based 24 motor carrier, or its subsidiary, that has its principal office 25 within this state and operates a permanent commercial driver 26 training facility in this state, or be an Iowa nonprofit 27 corporation that serves as a trade association for Iowa-based 28 motor carriers regarding who may qualify as a third-party 29 tester . The rules may also provide that a third-party tester 30 conduct a number of skills test examinations above the number 31 required under 49 C.F.R. §383.75 in order to remain qualified 32 as a third-party tester under this section . A third-party 33 tester, other than a community college established under 34 chapter 260C, must be one of the following: 35 -1- LSB 6220SC (2) 89 th/ns 1/ 3
S.F. _____ (1) An Iowa-based motor carrier, or its subsidiary, that has 1 its principal office within this state and operates a permanent 2 commercial driver training facility in this state. 3 (2) An Iowa nonprofit corporation that serves as a trade 4 association for Iowa-based motor carriers. 5 (3) A public transit system or regional transit system, as 6 those terms are defined in section 324A.1, in this state. 7 3. As used in this section , “third-party tester” and 8 “third-party skills test examiner” mean as defined in 49 C.F.R. 9 §383.5 . : 10 a. “Third-party test examiner” means a person employed by 11 a third-party tester who is authorized by the department to 12 administer the knowledge and driving skills tests under this 13 section. 14 b. “Third-party tester” means a person designated by 15 the department to employ knowledge and driving skills test 16 examiners to administer knowledge and driving skills tests 17 under this section. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 Under current law, the department of transportation (DOT) is 22 required to examine applicants for driver’s licenses. However, 23 the DOT may designate community colleges and other third-party 24 testers to administer the driving skills test required for 25 a commercial driver’s license (CDL). A third-party skills 26 test examiner used by a third-party tester must meet federal 27 regulatory requirements as adopted by rule by the DOT. The DOT 28 is required to adopt rules requiring that a third-party tester, 29 other than a community college, either be an Iowa-based motor 30 carrier, or its subsidiary, that has its principal office and 31 operates a permanent commercial driver training facility in 32 Iowa, or an Iowa nonprofit corporation that serves as a trade 33 association for Iowa-based motor carriers. 34 This bill authorizes third-party testers who comply with 35 -2- LSB 6220SC (2) 89 th/ns 2/ 3
S.F. _____ federal regulatory requirements, and who are designated by 1 the DOT, to administer the knowledge and driving skills tests 2 required for commercial learner’s permits and CDLs. The bill 3 authorizes Iowa public transit systems (an urban or regional 4 transit system providing transit services accessible to the 5 general public and receiving federal, state, or local tax 6 support) and Iowa regional transit systems (a public transit 7 system serving one county or all or part of a multicounty area 8 whose boundaries correspond to the same boundaries as those of 9 the regional planning areas designated by the governor except 10 as agreed upon by the county and the DOT) to be third-party 11 testers. The bill makes organizational changes to Code 12 section 321.187 and defines “third-party test examiner” and 13 “third-party tester”. 14 -3- LSB 6220SC (2) 89 th/ns 3/ 3