House
Study
Bill
92
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
TRANSPORTATION
BILL)
A
BILL
FOR
An
Act
relating
to
commercial
driver’s
licenses
and
commercial
1
learner’s
permits,
including
compliance
with
federal
2
regulations,
and
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
321.180,
subsection
2,
paragraph
c,
Code
1
2023,
is
amended
to
read
as
follows:
2
c.
A
commercial
learner’s
permit
shall
be
valid
for
a
period
3
not
to
exceed
the
period
provided
in
49
C.F.R.
§383.25(c)
and
4
49
C.F.R.
§383.73(a)(2)(iii)
§383.73(a)(3)
.
5
Sec.
2.
Section
321.188,
subsection
4,
Code
2023,
is
amended
6
to
read
as
follows:
7
4.
a.
The
department
shall
check
the
applicant’s
driving
8
record
as
maintained
by
the
applicant’s
current
licensing
9
state,
the
national
commercial
driver’s
license
information
10
system,
the
national
drug
and
alcohol
clearinghouse
if
11
required
under
49
C.F.R.
§383.73
,
and
the
national
driver
12
register
to
determine
whether
the
applicant
qualifies
for
13
the
issuance,
renewal,
or
upgrade
of
a
commercial
driver’s
14
license,
as
applicable.
The
department
shall
notify
the
15
national
commercial
driver’s
license
information
system
of
the
16
issuance,
renewal,
or
upgrade
of
a
commercial
driver’s
license
17
and
shall
post
the
driver’s
self-certification
of
type
of
18
driving
as
required
by
rule.
The
department
shall
also
post
19
information
from
the
medical
examiner’s
certificate
required
20
under
subsection
1
,
paragraph
“d”
,
to
the
national
commercial
21
driver’s
license
information
system,
if
required
by
rule.
22
b.
The
department
shall
request
information
from
the
23
national
drug
and
alcohol
clearinghouse
if
required
under
49
24
C.F.R.
§383.73
and
shall
not
issue,
renew,
or
upgrade
the
25
commercial
driver’s
license
if
the
response
indicates
the
26
applicant
is
prohibited
from
operating
a
commercial
motor
27
vehicle
pursuant
to
49
C.F.R.
§382.501(a).
28
Sec.
3.
Section
321.207,
Code
2023,
is
amended
to
read
as
29
follows:
30
321.207
Downgrade
of
commercial
driver’s
license
or
31
commercial
learner’s
permit.
32
The
department
shall
adopt
rules
for
downgrading
a
33
commercial
driver’s
license
or
commercial
learner’s
permit
to
34
a
noncommercial
status
upon
a
driver’s
failure
to
provide
a
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medical
examiner’s
certificate
as
required
pursuant
to
section
1
321.188,
subsection
1
,
paragraph
“d”
,
or
upon
a
driver’s
failure
2
to
provide
a
self-certification
of
type
of
driving
as
required
3
pursuant
to
section
321.188,
subsection
1
,
paragraph
“d”
,
or
4
upon
receiving
notification
of
the
driver’s
prohibited
status
5
pursuant
to
49
C.F.R.
§383.73(q)
.
The
rules
shall
include
6
procedures
regarding
notification
of
downgrade
status
to
the
7
commercial
driver’s
license
information
system,
termination
8
of
a
downgrade
process,
and
reinstatement
of
a
commercial
9
learner’s
permit
or
commercial
driver’s
license
after
a
10
downgrade,
and
shall
substantially
comply
with
49
C.F.R.
11
§383.71
and
383.73
,
as
adopted
by
rule
by
the
department.
12
Sec.
4.
Section
321.208A,
Code
2023,
is
amended
to
read
as
13
follows:
14
321.208A
Operation
in
violation
of
out-of-service
order
——
15
penalties.
16
1.
A
person
required
to
hold
a
commercial
driver’s
license
17
or
commercial
learner’s
permit
to
operate
a
commercial
motor
18
vehicle
shall
not
operate
a
commercial
motor
vehicle
on
the
19
highways
of
this
state
in
violation
of
an
out-of-service
order
20
issued
by
a
peace
officer
for
a
violation
of
the
out-of-service
21
rules
adopted
by
the
department.
A
driver
who
violates
an
22
out-of-service
order
commits
a
simple
misdemeanor
and
shall
be
23
subject
to
a
the
applicable
fine
of
not
less
than
two
thousand
24
five
hundred
dollars
in
an
amount
in
accordance
with
the
civil
25
penalty
provided
in
49
C.F.R.
pt.
386,
Appendix
B(b)(1),
26
upon
conviction
for
the
first
violation
of
an
out-of-service
27
order
and
not
less
than
five
thousand
dollars
for
a
second
or
28
subsequent
violation
of
an
out-of-service
order
in
separate
29
incidents
within
a
ten-year
period.
30
2.
An
employer
shall
not
knowingly
allow,
require,
permit,
31
or
authorize
an
employee
to
drive
a
commercial
motor
vehicle
in
32
violation
of
an
out-of-service
order.
An
employer
who
violates
33
this
subsection
commits
a
simple
misdemeanor
and
shall
be
34
subject
to
a
fine
of
not
less
than
two
thousand
seven
hundred
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fifty
dollars
and
not
more
than
twenty-five
thousand
dollars
in
1
an
amount
in
accordance
with
the
civil
penalty
provided
in
49
2
C.F.R.
pt.
386,
Appendix
B(b)(2)
.
3
Sec.
5.
Section
321.343A,
Code
2023,
is
amended
to
read
as
4
follows:
5
321.343A
Employer
violations
——
penalty.
6
An
employer
shall
not
knowingly
allow,
require,
permit,
or
7
authorize
a
driver
to
operate
a
commercial
motor
vehicle
in
8
violation
of
section
321.341
or
321.343
or
any
other
federal
or
9
local
law
or
regulation
pertaining
to
railroad
grade
crossings.
10
An
employer
who
violates
this
section
shall
be
subject
to
a
11
fine
of
not
more
than
ten
thousand
dollars
in
an
amount
in
12
accordance
with
the
civil
penalty
provided
in
49
C.F.R.
pt.
13
386,
Appendix
B(b)(3)
.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
aligns
relevant
provisions
of
Code
chapter
321
18
(motor
vehicles
and
law
of
the
road)
with
federal
regulations
19
relating
to
the
national
drug
and
alcohol
clearinghouse,
20
commercial
driver’s
licenses
(CDL),
and
commercial
learner’s
21
permits
(CLP).
22
Under
federal
regulations,
prior
to
issuing
a
CDL
to
a
23
person,
a
state
must,
among
other
things,
initiate
and
complete
24
a
check
of
the
applicant’s
driving
record
to
ensure
that
the
25
person
is
not
subject
to
disqualification
and
does
not
have
a
26
driver’s
license
from
more
than
one
state
or
jurisdiction.
The
27
record
check
provides
information
about
an
applicant’s
driving
28
record
and
relevant
criminal
history,
if
any.
The
record
29
check
must
include
a
check
of
the
applicant’s
driving
record
30
as
maintained
by
the
applicant’s
current
state
of
licensure,
a
31
check
with
the
commercial
driver’s
license
information
system
32
(CDLIS),
and
a
check
with
the
problem
driver
pointer
system.
33
Beginning
November
18,
2024,
a
state
must
request
34
information
from
the
national
drug
and
alcohol
clearinghouse,
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and
if
in
response
to
the
request
the
state
receives
1
notification
that
the
applicant
is
prohibited
from
operating
a
2
commercial
motor
vehicle,
the
state
must
not
issue,
renew,
or
3
upgrade
the
person’s
CDL
or
CLP.
A
state
must,
upon
receiving
4
notification
that
a
CDL
or
CLP
holder
is
prohibited
from
5
operating
a
commercial
motor
vehicle,
initiate
established
6
procedures
for
downgrading
the
CDL
or
CLP.
The
downgrade
must
7
be
completed
and
recorded
on
the
CDLIS
driver
record
within
60
8
days
of
the
state’s
receipt
of
such
notification.
9
A
state
will
be
required
to
terminate
a
downgrade
process,
10
reinstate
a
CDL
or
CLP,
make
a
person
eligible
for
a
CDL
or
11
CLP,
and
expunge
from
the
CDLIS
driver
record
any
reference
12
related
to
a
person’s
erroneous
prohibited
status
upon
13
receiving
appropriate
notification
that
the
person
is
no
longer
14
prohibited
from
operating
a
commercial
motor
vehicle.
15
The
bill
provides
that
certain
violations
will
result
in
a
16
fine
in
accordance
with
the
civil
penalty
provided
in
federal
17
regulations.
An
individual
who
violates
an
out-of-service
18
order
commits
a
simple
misdemeanor
and
is
subject
to
a
fine
of
19
not
less
than
$3,471
for
a
first
conviction
and
not
less
than
20
$6,943
for
a
second
or
subsequent
conviction
within
10
years.
21
An
employer
of
a
CDL
holder
who
knowingly
allows,
requires,
22
permits,
or
authorizes
an
employee
to
operate
a
commercial
23
motor
vehicle
during
any
period
in
which
the
CDL
holder
is
24
subject
to
an
out-of-service
order
is
subject
to
a
fine
of
not
25
less
than
$6,269
or
more
than
$34,712.
An
employer
of
a
CDL
26
holder
who
knowingly
allows,
requires,
permits,
or
authorizes
27
that
CDL
holder
to
operate
a
commercial
motor
vehicle
in
28
violation
of
a
federal,
state,
or
local
law
or
regulation
29
pertaining
to
railroad-highway
grade
crossings
is
subject
to
a
30
fine
of
not
more
than
$17,995.
31
The
bill
amends
Code
citations
to
conform
to
applicable
32
federal
regulations.
33
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