Senate File 449 - Introduced SENATE FILE 449 BY COMMITTEE ON WORKFORCE (SUCCESSOR TO SSB 1154) A BILL FOR An Act relating to the driving privileges of persons issued 1 an instruction permit who are employed, and providing 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2095SV (3) 90 th/ns
S.F. 449 Section 1. Section 321.180B, subsection 1, paragraph c, 1 Code 2023, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (3) (a) If the permittee is employed 3 and holds a current and valid work permit issued pursuant 4 to chapter 92, the permittee may operate a motor vehicle to 5 and from work without an accompanying driver no earlier than 6 forty-five minutes prior to the start of the permittee’s work 7 shift and no later than forty-five minutes after the end of 8 the permittee’s work shift, during the hours authorized under 9 section 92.7, provided the driving distance between the point 10 of origin and the destination is no more than twenty-five 11 miles, the location of the establishment is a fixed location 12 and is the only location at which the permittee is authorized 13 to work for the employer, the permittee carries the work permit 14 during travel, and the travel is for purposes of getting to or 15 from the location for employment. 16 (b) For purposes of this subparagraph, a work permit issued 17 to a permittee under chapter 92 shall still be considered 18 current and valid even if the permittee, after reaching an 19 additional year of age, is no longer subject to the work permit 20 restrictions under chapter 92, provided the permittee carries 21 an affidavit signed by the permittee’s employer, parent, or 22 guardian stating the permittee is currently employed by the 23 same employer listed on the work permit. 24 (c) If traveling without an accompanying driver, the 25 permittee shall not transport any passengers. 26 (d) To operate under this subparagraph, the permittee shall 27 submit a copy of the permittee’s current and valid work permit 28 issued to the permittee under chapter 92 to the department. 29 Sec. 2. Section 321.180B, subsection 7, Code 2023, is 30 amended to read as follows: 31 7. Citations for violation of restrictions. A person who 32 violates the restrictions imposed under subsection 1, 2, or 33 6 may be issued a citation under this section and shall not 34 be issued a citation under section 321.193 . A Except for 35 -1- LSB 2095SV (3) 90 th/ns 1/ 3
S.F. 449 violations of subsection 1, paragraph “c” , subparagraph (3), a 1 violation of the restrictions imposed under subsection 1, 2, 2 or 6 shall not be considered a moving violation. A violation 3 of subsection 1, paragraph “c” , subparagraph (3), shall be 4 considered a moving violation. 5 Sec. 3. Section 805.8A, subsection 4, paragraph e, Code 6 2023, is amended to read as follows: 7 e. (1) Section 321.180B , other than section 8 321.180B, subsection 1, paragraph “c” , 9 subparagraph (3) . . . . . . . . . . . . . . . . . . . . . . . . . . $ 70. 10 (2) Section 321.180B, subsection 1, paragraph “c” , 11 subparagraph (3) . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 Under current law, persons age 14 to 18 may operate motor 16 vehicles on highways under a variety of driver’s licenses or 17 permits (Code section 321.178 —— restricted license, Code 18 section 321.180B —— graduated licenses, Code section 321.194 19 —— special minor’s license, and 321.189 —— motorized bicycle 20 license). Graduated licenses under Code section 321.180B 21 include a three-step process from instruction permit to 22 intermediate license to full driver’s license. Instruction 23 permit holders (age 14 to 18) must be accompanied by a certain 24 type of licensed driver, such as a parent, at all times. For 25 an intermediate license holder (age 16 or 17), an accompanying 26 driver is not required between the hours of 5:00 a.m. and 12:30 27 a.m., or between the hours of 12:30 a.m. and 5:00 a.m. to and 28 from school-related extracurricular activities and work if the 29 licensee possesses a waiver. 30 This bill authorizes a person issued an instruction permit 31 to drive to and from work without an accompanying driver no 32 earlier than 45 minutes prior to the start of, and no later 33 than 45 minutes after the end of, the person’s work shift if 34 the person is employed and holds a valid work permit issued 35 -2- LSB 2095SV (3) 90 th/ns 2/ 3
S.F. 449 pursuant to Code chapter 92 (child labor). The driving 1 distance between the point of origin and the destination cannot 2 exceed 25 miles, the location of the work establishment must be 3 a fixed location and the only location at which the permittee 4 is authorized to work for the employer, the permittee must 5 carry the work permit during travel, and the travel is required 6 to be for purposes of getting to or from the location for 7 employment. 8 A work permit is still considered current and valid for 9 purposes of an instruction permit even after the permittee 10 reaches an additional year of age and is therefore no longer 11 subject to the work permit restrictions under Code chapter 12 92, provided the permittee carries an affidavit signed by the 13 permittee’s employer, parent, or guardian stating the permittee 14 is currently employed by the same employer listed on the work 15 permit. 16 A permittee is not authorized to transport passengers 17 without an accompanying driver. 18 To be authorized to drive to work, the permittee is required 19 to submit a copy of the work permit to the department of 20 transportation. 21 In accordance with current law, a permittee is prohibited 22 from using electronic communication or entertainment devices 23 while driving. 24 A violation of the bill is punishable by a scheduled fine of 25 $200 and can result in suspension of the instruction permit. A 26 violation of the bill is also considered a moving violation, 27 and as such, may be considered for purposes of administrative 28 suspension of a driver’s license or to establish habitual 29 offender status. 30 Other violations of Code section 321.180B are not considered 31 moving violations and are punishable by a scheduled fine of 32 $70. 33 -3- LSB 2095SV (3) 90 th/ns 3/ 3