House File 418 - Reprinted HOUSE FILE 418 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HSB 43) (COMPANION TO SF 226 BY COMMITTEE ON TRANSPORTATION) (As Amended and Passed by the House April 3, 2019 ) A BILL FOR An Act relating to commercial driver’s license requirements, 1 and including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 HF 418 (4) 88 ns/rh/md
H.F. 418 Section 1. Section 321.187, subsection 2, paragraph c, Code 1 2019, is amended to read as follows: 2 c. Any third-party skills test examiner used by the 3 third-party tester shall meet the requirements of 49 C.F.R. 4 §383.75 and 49 C.F.R. §384.228 , as adopted by rule by the 5 department. The department shall adopt rules requiring that a 6 third-party tester, other than a community college established 7 under chapter 260C , shall be an Iowa-based motor carrier, or 8 its subsidiary, that has its principal office within this state 9 and operates a permanent commercial driver training facility 10 in this state , or an Iowa nonprofit corporation that serves as 11 a trade association for Iowa-based motor carriers . The rules 12 may also provide that a third-party tester conduct a number of 13 skills test examinations above the number required under 49 14 C.F.R. §383.75 in order to remain qualified as a third-party 15 tester under this section . 16 Sec. 2. Section 321.188, subsection 1, Code 2019, is amended 17 by adding the following new paragraph: 18 NEW PARAGRAPH . 0c. Successfully complete any entry-level 19 driver training if required under 49 C.F.R. pt. 380, subpt. F, 20 or 49 C.F.R. pt. 383, subpt. E, prior to taking a knowledge 21 test or driving skills test, the passage of which is required 22 under paragraph “c” . 23 Sec. 3. Section 321.188, subsection 4, Code 2019, is amended 24 to read as follows: 25 4. The department shall check the applicant’s driving 26 record as maintained by the applicant’s current licensing 27 state, the national commercial driver’s license information 28 system, the national drug and alcohol clearinghouse if required 29 under 49 C.F.R. §383.73, and the national driver register to 30 determine whether the applicant qualifies to be issued for 31 the issuance, renewal, or upgrade of a commercial driver’s 32 license , as applicable . The department shall notify the 33 national commercial driver’s license information system of the 34 issuance, renewal, or upgrade of a commercial driver’s license 35 -1- HF 418 (4) 88 ns/rh/md 1/ 3
H.F. 418 and shall post the driver’s self-certification of type of 1 driving as required by rule. The department shall also post 2 information from the medical examiner’s certificate required 3 under subsection 1 , paragraph “c” , to the national commercial 4 driver’s license information system, if required by rule. 5 Sec. 4. Section 321.449, subsection 1, Code 2019, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . c. The department may adopt rules pursuant 8 to chapter 17A authorizing a person who is at least eighteen 9 years of age or over, but under twenty-one years of age, to be 10 licensed to operate a commercial motor vehicle in interstate 11 commerce if the person holds a valid commercial driver’s 12 license and is authorized under federal law to operate a 13 commercial motor vehicle in interstate commerce. 14 Sec. 5. COMMERCIAL DRIVER’S LICENSE DRIVING SKILLS TEST 15 —— STUDY. The department of transportation shall conduct 16 a study on access in this state to the driving skills test 17 required for issuance of a commercial driver’s license. The 18 department shall evaluate and may recommend additional testing 19 options to increase access in this state to the driving skills 20 test required for issuance of a commercial driver’s license. 21 The department shall submit a report, in paper or electronic 22 format, containing the department’s findings, evaluation, 23 and any recommendations to the general assembly on or before 24 December 31, 2019. 25 Sec. 6. APPLICABILITY. The following applies to applicants 26 for which the issuance or upgrade of a commercial driver’s 27 license sought by the applicant is or will be issued by 28 the department of transportation on or after February 7, 29 2020, regardless of the date the applicant submitted to the 30 department the application or other information required for 31 the issuance or upgrade of the license: 32 The section of this Act enacting section 321.188, subsection 33 1, paragraph “0c”. 34 Sec. 7. APPLICABILITY. The following applies to applicants 35 -2- HF 418 (4) 88 ns/rh/md 2/ 3
H.F. 418 for which the issuance, renewal, or upgrade of a commercial 1 driver’s license sought by the applicant is or will be issued 2 by the department of transportation on or after January 6, 3 2020, regardless of the date the applicant submitted to the 4 department the application or other information required for 5 the issuance, renewal, or upgrade of the license: 6 The section of this Act amending section 321.188, subsection 7 4. 8 -3- HF 418 (4) 88 ns/rh/md 3/ 3