HF 2463 (LSB 5885HV (2) 90)

HOUSE FILE 2463

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO HSB 612)

A BILL FOR

An Act relating to the driving privileges of persons under eighteen years of age, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.52, subsection 2, paragraph a, subparagraph (4), subparagraph division (b), Code 2024, is amended to read as follows:
   (b)  The child may be issued a temporary restricted license or school special minor’s restricted license if the child is otherwise eligible.
    Sec. 2.  Section 321.1, subsection 20A, Code 2024, is amended to read as follows:
   20A.  “Driver’s license” means any license or permit issued to a person to operate a motor vehicle on the highways of this state, including but not limited to a restricted work, special minor’s restricted, temporary restricted, or temporary license and an instruction, chauffeur’s instruction, commercial learner’s, or temporary permit. For purposes of license suspension, revocation, bar, disqualification, cancellation, or denial under this chapter and chapters 321A, 321C, and 321J, “driver’s license” includes any privilege to operate a motor vehicle.
    Sec. 3.  Section 321.178, subsection 2, Code 2024, is amended to read as follows:
   2.  Restricted work license.
   a.  (1)  A person between sixteen and eighteen years of age who has completed an approved driver education course and is not in attendance at school and has not met the requirements described in section 299.2, subsection 1, may be issued a restricted work license only for travel to and from work or to transport dependents to and from temporary care facilities, if necessary for the person to maintain the person’s present employment. The restricted work license shall be issued by the department only upon confirmation of the person’s employment and need for a restricted work license to travel to and from work or to transport dependents to and from temporary care facilities if necessary to maintain the person’s employment. The employer shall notify the department if the employment of the person is terminated before the person attains the age of eighteen.
   (2)  (a)  A person issued a restricted work license under this section subsection shall not use an electronic communication device or an electronic entertainment device while driving a motor vehicle unless the motor vehicle is at a complete stop off the traveled portion of the roadway. This subparagraph division does not apply to the use of electronic equipment which is permanently installed in the motor vehicle or to a portable device which is operated through permanently installed equipment.
   (b)  The department, in cooperation with the department of public safety, shall establish educational programs to foster compliance with the requirements of subparagraph division (a).
   b.  The department may suspend a restricted driver’s work license issued under this section subsection upon receiving satisfactory evidence that the licensee has violated the restrictions imposed under paragraph “a”, subparagraph (2), subparagraph division (a). The department may also suspend a restricted work license issued under this section subsection upon receiving a record of the person’s conviction for one violation and shall revoke the license upon receiving a record of conviction for two or more violations of a law of this state or a city ordinance regulating the operation of motor vehicles on highways, other than parking violations as defined described in section 321.210. After revoking a restricted work license under this section paragraph, the department shall not grant an application for a new driver’s license or instruction permit until the expiration of one year or until the person attains the age of eighteen, whichever is the longer period.
   c.  A person who violates the restrictions imposed under paragraph “a”, subparagraph (2), subparagraph division (a), may be issued a citation under this section and shall not be issued a citation under section 321.193. A violation of the restrictions imposed under paragraph “a”, subparagraph (2), subparagraph division (a), shall not be considered a moving violation.
    Sec. 4.  Section 321.180B, unnumbered paragraph 1, Code 2024, is amended to read as follows:
   Persons under age eighteen shall not be issued a license or permit to operate a motor vehicle except under the provisions of this section. However, the department may issue restricted work and special driver’s minor’s restricted licenses to certain minors as provided in sections 321.178 and 321.194, and driver’s licenses restricted to motorized bicycles as provided in section 321.189.  A person shall not be issued a license or permit to operate a motor vehicle if prohibited under section 321.194, subsection 7. A license or permit shall not be issued under this section or section 321.178 or 321.194 without the consent of a parent or guardian or a person having custody of the applicant under chapter 232 or 600A. An additional consent is required each time a license or permit is issued under this section or section 321.178 or 321.194. The consent must be signed by at least one parent, guardian, or custodian on an affidavit form provided by the department.
    Sec. 5.  Section 321.191, subsection 6, Code 2024, is amended to read as follows:
   6.  Special minors’ Minors’ restricted licenses.  
Notwithstanding subsection 2, the fee for a driver’s special minor’s restricted license issued to a minor under section 321.194 or a restricted work license issued to a minor under section 321.178, subsection 2, is eight dollars.
    Sec. 6.  Section 321.194, Code 2024, is amended by striking the section and inserting in lieu thereof the following:
   321.194  Special minor’s restricted license.
   1.  Application —— persons eligible.  The department may issue a special minor’s restricted license to an applicant under the age of sixteen if the applicant meets all of the following conditions:
   a.  The applicant holds an instruction permit issued by the department in accordance with section 321.180B, or a comparable permit issued by another state.
   b.  The applicant has successfully completed an approved driver education course. However, the completion of a course is not required if the applicant demonstrates to the satisfaction of the department that completion of the course would impose a hardship upon the applicant. The department shall adopt rules defining the term “hardship” and establishing procedures for the demonstration and determination of when completion of the course would impose a hardship upon an applicant.
   c.  The applicant submits a certification from the applicant’s school certifying the applicant is enrolled at the school for courses of instruction or extracurricular activities.
   2.  Consent —— employment.  Prior to being authorized to operate a motor vehicle unsupervised to a place of employment or a location for farm-related work while employed to work on a farm, the applicant’s parent or guardian must submit written consent for the applicant to operate a motor vehicle for such purposes. The written consent must include the name and address of the applicant’s place of employment, or primary farm location, as applicable. The parent or guardian of a licensee must update the place of employment information if the place of employment changes prior to the licensee being authorized to operate a motor vehicle unsupervised to a new place of employment.
   3.  Persons ineligible.  The department shall not issue a special minor’s restricted license to an applicant if any of the following occurred during the six-month period immediately preceding the application:
   a.  The applicant’s driving privileges have been suspended, revoked, or barred under this chapter or chapter 321J.
   b.  The applicant was at fault for causing an accident or collision.
   c.  The applicant has been convicted of a violation of a law of this state or a city ordinance regulating the operation of motor vehicles on highways other than parking violations as described in section 321.210.
   4.  License privileges.
   a.  The department shall classify the special minor’s restricted license as a class C or class M license, as applicable. A licensee is entitled to operate a motor vehicle as provided in this section, other than a commercial motor vehicle, a motor vehicle with more than two axles, a motor vehicle towing another vehicle, or as a chauffeur.
   b.  A licensee may operate a motor vehicle unsupervised over the most direct and accessible route between the licensee’s residence, school of enrollment, place of employment, location for farm work or farm-related work if the licensee resides on a farm or is employed for compensation on a farm in this state, and the closest service station, for any of the following purposes, as applicable, provided the driving distance between the point of origin and the destination is no more than twenty-five miles, and the licensee is in immediate possession of the license card:
   (1)  To return to the licensee’s residence following the end of the licensee’s duly scheduled courses of instruction, extracurricular activities, work shift, farm work, or farm-related work, as applicable.
   (2)  To attend duly scheduled courses of instruction. However, a licensee who attends a public school and resides within that public school district may operate a motor vehicle between the licensee’s residence and school regardless of the distance.
   (3)  To participate in extracurricular activities.
   (4)  To complete a scheduled work shift, if approved by the licensee’s parent or guardian pursuant to subsection 2.
   (5)  For the purpose of assisting the person’s parents, guardians, or employers with farm work or in connection with any farm job, employment, or other farm-related work, including traveling to or from the location of the farm work, if the licensee resides on a farm or is employed for compensation on a farm in this state. If employed, the licensee’s parent or guardian must provide consent pursuant to subsection 2.
   (6)  For the purpose of refueling the motor vehicle being operated.
   5.  Restrictions.  Unless accompanied and supervised in accordance with section 321.180B, subsection 1, a licensee shall not do any of the following:
   a.  Operate the motor vehicle except during the hour before and after the beginning and end of the licensee’s duly scheduled courses of instruction, extracurricular activities, work shift, farm work, or farm-related work, as applicable.
   b.  Transport more than one unrelated minor passenger in the motor vehicle when the licensee is operating the motor vehicle. For purposes of this paragraph, “unrelated minor passenger” means a passenger who is under eighteen years of age and who is not a sibling of the driver, a stepsibling of the driver, or a child who resides in the same household as the driver.
   c.  Operate the motor vehicle on a highway except as authorized under subsection 4, paragraph “b”.
   d.  Use an electronic communication device or an electronic entertainment device while operating a motor vehicle unless the motor vehicle is at a complete stop off the traveled portion of the roadway. This paragraph does not apply to the use of electronic equipment which is permanently installed in the motor vehicle or to a portable device which is operated through permanently installed equipment. The department, in cooperation with the department of public safety, shall establish educational programs to foster compliance with the requirements of this paragraph.
   e.  Operate a motor vehicle to the licensee’s place of employment or location for farm work or farm-related work unless the licensee’s parent or guardian submitted written consent to the department in accordance with subsection 2.
   6.  Certification.  The department shall prescribe a certification form. If the applicant is enrolled at a school for courses of instruction or extracurricular activities, the applicant’s school shall certify that fact on the certification form, which must also include a statement that the person signing the certificate is not responsible for actions of the applicant which pertain to the use of the special minor’s restricted license.
   a.  If the applicant attends a public school, the certification must be made by the school board, superintendent of the applicant’s school, or principal, if authorized by the superintendent.
   b.  If the applicant attends an accredited nonpublic school, the certification must be made by the authorities in charge of the accredited nonpublic school or a duly authorized representative of the authorities.
   7.  License sanctions.
   a.  A special minor’s restricted license issued under this section is subject to suspension, revocation, or other sanction for the same reasons and in the same manner as suspension or revocation of any other driver’s license, and as provided in this section. The department shall suspend a special minor’s restricted license for three months, as follows:
   (1)  Upon receiving satisfactory evidence that the licensee violated the restrictions of the license or was at fault in an accident or collision.
   (2)  Upon receiving a record of the licensee’s conviction for one violation of a law of this state or a city ordinance regulating the operation of motor vehicles on highways other than parking violations as described in section 321.210.
   b.  As a result of the suspension, the department shall not issue an intermediate license under section 321.180B for an additional three months to a person whose special minor’s restricted license was suspended under this subsection, per violation, following the person’s sixteenth birthday.
   8.  Citations for violation of restrictions.  A person who violates the restrictions imposed under subsection 5 may be issued a citation under this section and shall not be issued a citation under section 321.193. A violation of the restrictions imposed under subsection 5 is a moving violation.
   9.  Definitions.  As used in this section:
   a.  “Place of employment” means the fixed location of an employer who employs a person under sixteen years of age in accordance with chapter 92, and is the only location at which the person is authorized to work for the employer.
   b.  “Residence” means the place where a person resides, permanently or temporarily. A person may have up to three different residences for purposes of this section, if the person’s parent or guardian provides written consent of the additional residences to the department.
   c.  “School” means a public school or an accredited nonpublic school, and includes facilities operated by a public or accredited nonpublic school for the purposes of educational or extracurricular activities.
   10.  Rules.  The department may adopt rules pursuant to chapter 17A to administer this section.
    Sec. 7.  Section 321.213B, Code 2024, is amended to read as follows:
   321.213B  Suspension for failure to attend.
   The department shall establish procedures by rule for suspending the license of a juvenile who has been issued a driver’s license and is not in compliance with the requirements of section 299.1B or and issuing the juvenile a restricted work license under section 321.178.
    Sec. 8.  Section 321.482A, unnumbered paragraph 1, Code 2024, is amended to read as follows:
   Notwithstanding section 321.482, a person who is convicted of operating a motor vehicle in violation of section 321.178, subsection 2, paragraph “a”, subparagraph (2), section 321.180B, subsection 6, section 321.194, subsection 2 5, paragraph “b” “d”, subparagraph (2), section 321.256, 321.257, section 321.275, subsection 4, section 321.276, 321.297, 321.298, 321.299, 321.302, 321.303, 321.304, 321.305, 321.306, 321.307,  321.311, 321.319, 321.320, 321.321, 321.322, 321.323, 321.324, 321.324A, 321.327, 321.329, 321.333,  section 321.372, subsection 3, or section 321.449B, causing serious injury to or the death of another person may be subject to the following penalties in addition to the penalty provided for a scheduled violation in section 805.8A or any other penalty provided by law:
    Sec. 9.  PREVIOUSLY ISSUED SPECIAL MINOR’S LICENSES.  A person who holds a special minor’s license that was issued under section 321.194, Code 2024, before the effective date of this Act may continue to operate a motor vehicle in accordance with this Act on and after the effective date of this Act. However, a person who was issued a special minor’s license under section 321.194, Code 2024, prior to the effective date of this Act shall not operate a motor vehicle unaccompanied to the person’s place of employment until after the person’s parent or guardian provides written consent to the department in accordance with section 321.194, subsection 2, as enacted by this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   In 2023, the general assembly requested the formation of an interim study committee to examine policy matters and make recommendations on statutory changes relating to licensed driving by persons between 14 and 18 years of age (2023 Iowa Acts, chapter 92, section 23) and the legislative council established the minor driver’s license interim study committee for that purpose. Other than the farm-work-specific provisions, this bill reflects the committee’s unanimous recommendations.
   Current law requires the department of transportation (DOT) to implement a graduated driver’s license process which places driving restrictions for young and inexperienced drivers, and removes restrictions as the driver ages and gains more experience. Beginning at age 14, a person may drive while accompanied. When a person turns 16, the person is eligible to receive an intermediate driver’s license that authorizes the holder to drive without an accompanying qualified person, but subject to other specified restrictions. The DOT is authorized to issue special permits and licenses to persons under the age of 18, including a special minor’s license which authorizes unsupervised driving and can be issued to a person 14 years old.
   Under current law, a special minor’s license entitles a person between the ages of 14 and 18 (student driver) to operate a motor vehicle without adult supervision (drive) from the student driver’s residence to the student driver’s school or school bus stop or public transportation service, up to 50 miles or more if the student driver drives to a school within the school district of enrollment or within a school district contiguous to the school district of enrollment. The bill authorizes the DOT to instead issue a special minor’s restricted license that entitles a person under the age of 16 (licensee) to drive from the licensee’s residence to the licensee’s school, up to 25 miles, or more if the licensee attends a public school and resides within the public school district. To distinguish between licenses, the bill renames the restricted license issued for work activities of minors under current law to the restricted work license.
   Under the bill, an applicant for a special minor’s restricted license must hold an instruction permit issued by the DOT or a comparable permit issued by another state, have already successfully completed an approved driver education course prior to applying, and submit a certification from the applicant’s school certifying the applicant is enrolled at the school for courses of instruction or extracurricular activities. However, the completion of a course is not required if the applicant demonstrates to the satisfaction of the DOT that completion of the course would impose a hardship upon the applicant. “Hardship” is defined by the DOT in administrative rules and generally relates to the timing of the applicant’s school offering a driver education course, depending on the age of the applicant (761 IAC 602.26(3)).
   The DOT is prohibited from issuing a special minor’s restricted license to an applicant if the applicant’s driving privileges have been sanctioned, if the applicant was at fault for causing an accident or collision, or if the applicant has been convicted of a traffic violation.
   The bill retains current law requiring a licensee to operate upon the most direct and accessible route between approved locations, including the closest service station for the purpose of refueling a vehicle. The bill also does not reduce or alter the driving privileges of a licensee when driving with supervision in accordance with Code section 321.180B.
   Current law distinguishes between a public school and accredited nonpublic school as it relates to where a student driver is authorized to drive unsupervised. The bill instead authorizes a licensee to drive to school regardless of whether the school is public or accredited nonpublic. However, if a licensee attends a public school and resides within the public school district, there is no limit to the distance the licensee may drive to school, provided that the licensee uses the most direct and accessible route.
   Under current law, a student driver who resides on a farm or is employed for compensation on a farm may drive up to 50 miles for the purpose of assisting the person’s parents, guardians, or employers with farm work or in connection with any farm job, employment, or other farm-related work, including traveling to or from the location of the farm work. The bill retains this farm-work authorization, but limits the driving distance to 25 miles. The bill also authorizes a licensee to drive up to 25 miles to the licensee’s place of employment for other types of work performed in accordance with Code chapter 92 (child labor), but does not authorize a licensee to drive as part of the licensee’s nonfarm-related employment. A licensee’s parent or guardian must provide the DOT with written consent for the licensee to drive to work, including farm work.
   Current law authorizes a student driver to drive to approved locations between the hours of 5:00 a.m. and 10:00 p.m. The bill instead prohibits a licensee from driving except for one hour before and after the school event, work shift, or farm work.
   The bill retains current prohibitions against transporting more than one unrelated minor as a passenger and using an electronic communication device or electronic entertainment device while driving.
   The bill replaces the current requirement for schools to certify that a special need exists for the DOT to issue a special minor’s license, and instead requires an applicant’s school to certify that the applicant is enrolled as a student. The bill does not retain the one-mile presumption of nonexistence of special need for the license or the appeal process, as the bill no longer requires a school to make that determination.
   The bill requires the DOT to suspend a licensee’s license for three months if the licensee violates the license restrictions, is at fault for causing an accident or collision, or is convicted of violating any other traffic law. The DOT is also prohibited from issuing an intermediate driver’s license for three months beyond when a person would otherwise be eligible for the license, normally at age 16, under Code section 321.180B. The bill does not retain the option for the DOT to revoke a special minor’s license following a second violation. The bill retains the same provision for violators of the license restrictions to be issued a citation under the bill instead of a citation under Code section 321.193 (restrictions on licenses). Contrary to current law, the bill makes a violation of the license restrictions a moving violation. Moving violations may be considered for purposes of administrative suspension of a driver’s license or to establish habitual offender status.
   The DOT is authorized to adopt rules to administer the bill.
   The bill does not require a person who holds a special minor’s license that was issued before the effective date of the bill to apply for a new license. Instead, a licensee may continue to operate a motor vehicle in accordance with the bill. However, a person who was issued a special minor’s license prior to the effective date of the bill is prohibited from driving unaccompanied to the person’s place of employment until after the person’s parent or guardian provides written consent to the DOT in accordance with the bill.
   By operation of law, a person who violates a restriction imposed on a special minor’s restricted license commits a simple misdemeanor punishable by a $70 scheduled fine. In addition, if a person is convicted of using an electronic communication device or electronic entertainment device and the violation results in injury or death, the person is subject to enhanced penalties. Under Code section 321.482A, if the violation causes a serious injury, a court could impose an additional fine of $500 or suspend the person’s driver’s license for not more than 90 days, or both. If the violation causes a death, a court could impose an additional fine of $1,000 or suspend the person’s driver’s license for not more than 180 days, or both.