SSB 1154 (LSB 2095XC (8) 90)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON WORKFORCE BILL BY CHAIRPERSON DICKEY)

A BILL FOR

An Act relating to the driving privileges of persons issued an instruction permit who are employed, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.180B, subsection 1, paragraph c, Code 2023, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (3)  (a)  If the permittee is employed and holds a current and valid work permit issued pursuant to chapter 92, the permittee may operate a motor vehicle to and from work without an accompanying driver between the hours of 5:00 a.m. and 12:30 a.m., provided the driving distance between the point of origin and the destination is no more than twenty-five miles, the location of the establishment is a fixed location and is the only location at which the permittee is authorized to work for the employer, the permittee carries the work permit during travel, and the travel is for purposes of getting to or from the location for employment.
   (b)  For purposes of this subparagraph, a work permit issued to a permittee under chapter 92 shall still be considered current and valid even if the permittee, after reaching an additional year of age, is no longer subject to the work permit restrictions under chapter 92, provided the permittee carries an affidavit signed by the permittee’s employer, parent, or guardian stating the permittee is currently employed by the same employer listed on the work permit. 
   (c)  If traveling without an accompanying driver, the permittee shall not transport any passengers.
   (d)  To operate under this subparagraph, the permittee shall submit a copy of the permittee’s current and valid work permit issued to the permittee under chapter 92 to the department.
    Sec. 2.  Section 805.8A, subsection 4, paragraph e, Code 2023, is amended to read as follows:
   e.  (1)  Section 321.180B, other than section
321.180B, subsection 1, paragraph “c”,
subparagraph (3) $ 70.
   (2)  Section 321.180B, subsection 1, paragraph “c”,
subparagraph (3) $ 200.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   Under current law, persons age 14 to 18 may operate motor vehicles on highways under a variety of driver’s licenses or permits (Code section 321.178 —— restricted license, Code section 321.180B —— graduated licenses, Code section 321.194 —— special minor’s license, and 321.189 —— motorized bicycle license). Graduated licenses under Code section 321.180B include a three-step process from instruction permit to intermediate license to full driver’s license. Instruction permit holders (age 14 to 18) must be accompanied by a certain type of licensed driver, such as a parent, at all times. For an intermediate license holder (age 16 or 17), an accompanying driver is not required between the hours of 5:00 a.m. and 12:30 a.m., or between the hours of 12:30 a.m. and 5:00 a.m. to and from school-related extracurricular activities and work if the licensee possesses a waiver.
   This bill authorizes a person issued an instruction permit to drive to and from work without an accompanying driver between the hours of 5:00 a.m. and 12:30 a.m. if the person is employed and holds a valid work permit issued pursuant to Code chapter 92 (child labor), provided the driving distance between the point of origin and the destination is no more than 25 miles, the location of the work establishment is a fixed location and is the only location at which the permittee is authorized to work for the employer, the permittee carries the work permit during travel, and the travel is for purposes of getting to or from the location for employment.
   A work permit is still considered current and valid for purposes of an instruction permit even after the permittee reaches an additional year of age and is therefore no longer subject to the work permit restrictions under Code chapter 92, provided the permittee carries an affidavit signed by the permittee’s employer, parent, or guardian stating the permittee is currently employed by the same employer listed on the work permit.
   A permittee is not authorized to transport passengers without an accompanying driver.
   To be authorized to drive to work, the permittee is required to submit a copy of the work permit to the department of transportation.
   In accordance with current law, a permittee is prohibited from using electronic communication or entertainment devices while driving.
   A violation of the bill is punishable by a scheduled fine of $200. By operation of law, a violation of the bill is not considered a moving violation, and therefore cannot be considered for purposes of administrative suspension of a driver’s license or to establish habitual offender status.