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Senate File 226 - IntroducedA Bill ForAn Act 1relating to commercial driver’s license requirements,
2and including applicability provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.187, subsection 2, paragraph c, Code
22019, is amended to read as follows:
3c. Any third-party skills test examiner used by the
4third-party tester shall meet the requirements of 49 C.F.R.
5§383.75 and 49 C.F.R. §384.228, as adopted by rule by the
6department. The department shall adopt rules requiring that a
7third-party tester, other than a community college established
8under chapter 260C, shall be an Iowa-based motor carrier, or
9its subsidiary, that has its principal office within this state
10and operates a permanent commercial driver training facility
11in this state, or an Iowa nonprofit corporation that serves as
12a trade association for Iowa-based motor carriers. The rules
13may also provide that a third-party tester conduct a number of
14skills test examinations above the number required under 49
15C.F.R. §383.75 in order to remain qualified as a third-party
16tester under this section.
17 Sec. 2. Section 321.188, subsection 1, Code 2019, is amended
18by adding the following new paragraph:
19 NEW PARAGRAPH. 0c. Successfully complete any entry-level
20driver training if required under 49 C.F.R.pt.380, subpt.F,
21or 49 C.F.R.pt.383, subpt.E, prior to taking a knowledge
22test or driving skills test, the passage of which is required
23under paragraph “c”.
24 Sec. 3. Section 321.188, subsection 4, Code 2019, is amended
25to read as follows:
264. The department shall check the applicant’s driving
27record as maintained by the applicant’s current licensing
28state, the national commercial driver’s license information
29system, the national drug and alcohol clearinghouse if required
30under 49 C.F.R. §383.73, and the national driver register to
31determine whether the applicant qualifies to be issued for
32the issuance, renewal, or upgrade of a commercial driver’s
33license, as applicable. The department shall notify the
34national commercial driver’s license information system of the
35issuance, renewal, or upgrade of a commercial driver’s license
-1-1and shall post the driver’s self-certification of type of
2driving as required by rule. The department shall also post
3information from the medical examiner’s certificate required
4under subsection 1, paragraph “c”, to the national commercial
5driver’s license information system, if required by rule.
6 Sec. 4. APPLICABILITY. The following applies to applicants
7for which the issuance or upgrade of a commercial driver’s
8license sought by the applicant is or will be issued by
9the department of transportation on or after February 7,
102020, regardless of the date the applicant submitted to the
11department the application or other information required for
12the issuance or upgrade of the license:
13The section of this Act enacting section 321.188, subsection
141, paragraph “0c”.
15 Sec. 5. APPLICABILITY. The following applies to applicants
16for which the issuance, renewal, or upgrade of a commercial
17driver’s license sought by the applicant is or will be issued
18by the department of transportation on or after January 6,
192020, regardless of the date the applicant submitted to the
20department the application or other information required for
21the issuance, renewal, or upgrade of the license:
22The section of this Act amending section 321.188, subsection
234.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27Current law allows third-party testers to administer driving
28skills tests required for a commercial driver’s license. A
29third-party tester, other than a community college, must be
30an Iowa-based motor carrier, or its subsidiary, that has its
31principal office within this state and operates a permanent
32commercial driver training facility in this state. This bill
33allows an Iowa nonprofit corporation that serves as a trade
34association for Iowa-based motor carriers to be a third-party
35tester.
-2- 1The bill requires commercial driver’s license applicants
2to successfully complete any entry-level driver training
3if required under the code of federal regulations prior to
4taking a required knowledge test or driving skills test. This
5provision of the bill applies to applicants for which the
6issuance or upgrade of a commercial driver’s license sought
7by the applicant is or will be issued by the department of
8transportation (DOT) on or after February 7, 2020, regardless
9of the date the applicant submitted to the DOT the application
10or other information required for the issuance or upgrade of
11the license.
12In addition, the bill requires the DOT to check the national
13drug and alcohol clearinghouse if required under the code
14of federal regulations to determine whether the applicant
15qualifies for the issuance, renewal, or upgrade of a commercial
16driver’s license. This provision of the bill applies to
17applicants for which the issuance, renewal, or upgrade of a
18commercial driver’s license sought by the applicant is or will
19be issued by the DOT on or after January 6, 2020, regardless
20of the date the applicant submitted to the DOT the application
21or other information required for the issuance, renewal, or
22upgrade of the license.
23The provisions of Code section 321.188 (commercial driver’s
24license requirements) are applicable to the issuance of
25commercial learner’s permits under Code section 321.180(2)(a).
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2and including applicability provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.187, subsection 2, paragraph c, Code
22019, is amended to read as follows:
3c. Any third-party skills test examiner used by the
4third-party tester shall meet the requirements of 49 C.F.R.
5§383.75 and 49 C.F.R. §384.228, as adopted by rule by the
6department. The department shall adopt rules requiring that a
7third-party tester, other than a community college established
8under chapter 260C, shall be an Iowa-based motor carrier, or
9its subsidiary, that has its principal office within this state
10and operates a permanent commercial driver training facility
11in this state, or an Iowa nonprofit corporation that serves as
12a trade association for Iowa-based motor carriers. The rules
13may also provide that a third-party tester conduct a number of
14skills test examinations above the number required under 49
15C.F.R. §383.75 in order to remain qualified as a third-party
16tester under this section.
17 Sec. 2. Section 321.188, subsection 1, Code 2019, is amended
18by adding the following new paragraph:
19 NEW PARAGRAPH. 0c. Successfully complete any entry-level
20driver training if required under 49 C.F.R.pt.380, subpt.F,
21or 49 C.F.R.pt.383, subpt.E, prior to taking a knowledge
22test or driving skills test, the passage of which is required
23under paragraph “c”.
24 Sec. 3. Section 321.188, subsection 4, Code 2019, is amended
25to read as follows:
264. The department shall check the applicant’s driving
27record as maintained by the applicant’s current licensing
28state, the national commercial driver’s license information
29system, the national drug and alcohol clearinghouse if required
30under 49 C.F.R. §383.73, and the national driver register to
31determine whether the applicant qualifies to be issued for
32the issuance, renewal, or upgrade of a commercial driver’s
33license, as applicable. The department shall notify the
34national commercial driver’s license information system of the
35issuance, renewal, or upgrade of a commercial driver’s license
-1-1and shall post the driver’s self-certification of type of
2driving as required by rule. The department shall also post
3information from the medical examiner’s certificate required
4under subsection 1, paragraph “c”, to the national commercial
5driver’s license information system, if required by rule.
6 Sec. 4. APPLICABILITY. The following applies to applicants
7for which the issuance or upgrade of a commercial driver’s
8license sought by the applicant is or will be issued by
9the department of transportation on or after February 7,
102020, regardless of the date the applicant submitted to the
11department the application or other information required for
12the issuance or upgrade of the license:
13The section of this Act enacting section 321.188, subsection
141, paragraph “0c”.
15 Sec. 5. APPLICABILITY. The following applies to applicants
16for which the issuance, renewal, or upgrade of a commercial
17driver’s license sought by the applicant is or will be issued
18by the department of transportation on or after January 6,
192020, regardless of the date the applicant submitted to the
20department the application or other information required for
21the issuance, renewal, or upgrade of the license:
22The section of this Act amending section 321.188, subsection
234.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27Current law allows third-party testers to administer driving
28skills tests required for a commercial driver’s license. A
29third-party tester, other than a community college, must be
30an Iowa-based motor carrier, or its subsidiary, that has its
31principal office within this state and operates a permanent
32commercial driver training facility in this state. This bill
33allows an Iowa nonprofit corporation that serves as a trade
34association for Iowa-based motor carriers to be a third-party
35tester.
-2- 1The bill requires commercial driver’s license applicants
2to successfully complete any entry-level driver training
3if required under the code of federal regulations prior to
4taking a required knowledge test or driving skills test. This
5provision of the bill applies to applicants for which the
6issuance or upgrade of a commercial driver’s license sought
7by the applicant is or will be issued by the department of
8transportation (DOT) on or after February 7, 2020, regardless
9of the date the applicant submitted to the DOT the application
10or other information required for the issuance or upgrade of
11the license.
12In addition, the bill requires the DOT to check the national
13drug and alcohol clearinghouse if required under the code
14of federal regulations to determine whether the applicant
15qualifies for the issuance, renewal, or upgrade of a commercial
16driver’s license. This provision of the bill applies to
17applicants for which the issuance, renewal, or upgrade of a
18commercial driver’s license sought by the applicant is or will
19be issued by the DOT on or after January 6, 2020, regardless
20of the date the applicant submitted to the DOT the application
21or other information required for the issuance, renewal, or
22upgrade of the license.
23The provisions of Code section 321.188 (commercial driver’s
24license requirements) are applicable to the issuance of
25commercial learner’s permits under Code section 321.180(2)(a).
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